After a car accident, many wonder, How long does it take to get a car accident settlement?
You may feel saddled with financial stresses and physical injuries. Understandably, you’d like to settle as quickly as possible. However, don’t settle a car accident claim without first seeking the advice of a personal injury attorney. You’re more likely to receive a fair and just settlement when you have a legal advocate to negotiate on your behalf.
Read ahead to learn more about how long it takes to get a car accident settlement and what you can do to help your situation after a car accident.
Multiple factors affect the value of your car accident settlement claim. One part of how long it takes to settle your car accident claim is understanding the value of your case. Most personal injury attorneys hesitate to provide an average value for car accident settlements. They know that each case presents its own unique set of facts. Once your attorney adequately reviews the facts of your case, they may provide you with a range of values for your claim.
Injury severity impacts the average car accident settlement time. More serious injuries may need to resolve or obtain a full assessment before you can negotiate an accurate settlement value. If you’re still undergoing treatment or are unsure of your final prognosis, you will want to wait to gain the full picture of your injuries before reaching a settlement.
When the parties dispute liability and the evidence is unclear, settlement negotiations may stall. The defendant, in this case, may be unwilling to accept any fault and therefore unwilling to pay any sum to the victim. Or they may claim that you were partially at fault for the accident and that you should therefore receive less compensation. When the defendant’s fault is clear, negotiations may proceed more efficiently.
Your personal injury attorney conducts settlement negotiations at different points throughout your case. These negotiations are never over until a settlement is reached. In some situations, settlement negotiations may occur before a lawsuit is even filed. Reaching a favorable settlement expedites the average car accident settlement time. However, in some cases, insurance companies may fail to take your claim seriously until you file a lawsuit.
Filing a lawsuit increases how long a car accident settlement takes. Procedural rules require certain requirements to be satisfied upon filing. For example, upon filing, the defendant must be served a copy of your lawsuit within 60 days. After that, the defendant is permitted 30 days to respond to your case. After that, the court will issue a scheduling order providing time for both parties to gather evidence and seek information from one another.
Many parties may opt to participate in mediation or alternative dispute resolution. Participating in mediation can avoid the time and expense related to trial. Additionally, it permits the parties to control the outcome of the case by negotiating a favorable settlement.
Although personal injury cases rarely go to trial, a trial usually occurs more than a year after filing your lawsuit. In some cases, it may take longer.
The reality is that there is no real average car accident settlement time. Each car accident lawsuit is different and comprises various specific factors that may impact the length of time it takes to settle. Your personal injury attorney adequately equips you for this range of scenarios so you don’t feel blindsided by a lengthy outcome.
A car accident almost always means you will need to deal with insurance companies. Insurance companies may delay settlement and negotiations to push you into accepting an offer to receive financial assistance. They know you have bills to pay and that waiting to receive your compensation can pose a challenge.
If you are facing financial hardship while waiting for your settlement, your attorney may be able to advise you of strategies to stay above water. Settling too early just to get your money faster may leave you with insufficient funds to take care of yourself and your loved ones as time goes on. With an attorney on your side, the insurance company is less likely to pressure you into an inadequate settlement.
Once you’ve reached a favorable settlement, you may wonder, How long does it take for an insurance company to send a settlement check?
Upon successfully settling, most insurance companies mail out checks within thirty days. However, you still may not get your check right away.
Typically, the check will go to your attorney’s trust account first. They will take care of paying any claims on the settlement, such as medical liens set up with healthcare providers. They will also take court costs and attorney fees out of the settlement. Once all necessary expenses are paid, your attorney will send you a check for the remainder of your settlement.
The aftermath of a car accident may leave you with debilitating injuries that prevent you from working while your medical expenses and household bills continue to mount. Understandably you may feel overwhelmed by your financial burden as you move toward a physical recovery. Questions like, How long does a car accident settlement take? may consume your thoughts as you try to find a way to get ahead of your finances. Even if you face financial difficulties, it’s important not to rush into an unfavorable settlement. With over 50 years of combined legal experience, you can rely on Joshua Glotzer and Daniel Leib of Glotzer & Leib, LLP. We represent clients the same way we would represent our own family members. We know how to negotiate favorable settlements for our clients, so they receive the financial support they deserve. Contact us today for a free virtual consultation!
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