got into an accident and sued how long till lawyer settles

by Karlee Harber 9 min read

It can take anywhere from a couple of weeks to several months (or years) for a car accident case to settle. There is plenty to investigate on each party's end, and if you suffered extensive injuries and property damage, this could explain why the settlement process is lengthy.

Full Answer

How long does a car accident lawsuit take?

A car accident lawsuit can take from a few months to a few years. How long a lawsuit will take depends on several factors, including your choice of lawyer and when you have received the treatment, among other things. A settlement compensation can also take up to a few years. The process of filing a car accident claim includes the following steps:

How long does a personal injury lawsuit take to settle?

Most injury claims should not take more than three weeks. But it often does. Your accident lawyer needs to be following up with the insurance company to keep your case at the front of the line. What if your case settles?

Is there a set answer to a car accident lawsuit?

Unfortunately, there’s no set answer, as it depends on the unique circumstances of your case. Here at Schmidt & Clark, we’ve handled thousands of car accident lawsuits. Today, we’ll talk about what you can expect in a car accident case.

What happens when a lawyer takes your personal injury case?

When a lawyer takes your personal injury case, he or she is ethically obligated to present any settlement offer made by the defendant. One of the key factors in settling a case is timing.

How long does it take to negotiate a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

How soon can you expect to receive compensation from the lawsuit?

In most cases, compensation from settlements is received within six weeks after negotiations complete.

How long does an injury claim take to pay out?

As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

Overview of the Car Accident Settlement Process

Having a vehicle accident attorney on the victim's side can help them determine the value of their case early on. When a victim meets with a car accident lawyer about their case, the lawyers are familiar with the details and circumstances of the client's case and they can get the proof they need.

What Factors Affect How Long It Takes to Settle a Car Accident Case?

The higher the value of a case, the longer it can take to resolve. Because the insurance company wants to keep the compensation as low as possible, this is the case. They are more ready to spend time and money on legal defense for a high-value claim than, say, a claim for less than $20,000.

Most Personal Injury Cases Settle Before Going to Court

The majority of car accident cases are negotiated privately outside of court, often without the need for a lawsuit to be filed. Regrettably, this is not always the case. Insurance companies can sometimes refuse to accept a claim or make demeaning offers.

Complications that Can Affect When Your Case Settles

The time it takes for a case to settle could be longer if certain factors exist that could complicate matters. Some of these factors can include:

How Do You Determine and Prove Liability?

If a driver's carelessness caused a victim's collision and injuries, they are most likely responsible for their losses. However, proving liability can be challenging, especially when there is a dispute over who caused the accident.

Determining Compensation for Your Injuries from the Car Accident

The details of the client's injuries can also influence how long it takes to settle a car accident lawsuit.

Why Is My Car Accident Settlement Taking So Long?

When victims inquire about why their car accident settlement is taking so long, they are frequently implying that their car accident lawyer's negligence is to blame. What is the solution? Maybe the settlement procedure has constraints that no amount of hustling can overcome.

How long does it take for an insurance company to respond to a claim?

Most injury claims should not take more than three weeks. But it often does.

What happens when an attorney files a lawsuit?

When our attorneys file a lawsuit, it often results in a later offer that is many times more than the pre-suit settlement offer. The muscle of a lawsuit puts fear into insurance companies. This muscle often gets them to pay far more settlement money than they would have considered before suit was filed.

What does "treatment finished" mean?

Treatment Is Finished or at Maximum Medical Improvement. First, the client has to either (1) fully recover and need no further treatment, or (2) reach maximum medical improvement. This means that while the client may need additional treatment, this is as good of a recovery as the client is likely to get.

Do you have to file a lawsuit for serious injury?

But in the average serious injury case, you need to file a lawsuit to maximize the value of your case. You do not have to file a lawsuit. Sometimes lawyers do not understand the client's need to get their money quickly. But, if you do settle early, you may be leaving money on the table.

Can an accident lawyer do medical records?

So it may be there is nothing your accident lawyer can do because the attorneys is waiting on medical records or waiting for the insurance company to respond. But there is no question that the delay is often the result of a plaintiff's lawyer who is not staying on top of the case.

Do car accident lawyers collect medical bills?

If a case is going to be settled fast without a lawsuit for top value, a car accident lawyer will need to obtain all of the medical records and bills for the client. At our law firm and many personal injury firms, it is the lawyer’s job to collect the medical bills and records. Medical records are essential.

Do insurance companies have to respond to a bodily injury letter?

In most states, there is no rule requiring the insurance company to respond at all.

What is discovery in litigation?

Discovery is the litigation stage in which the plaintiff and defendant have the opportunity to get crucial information from one another, and obtain potential evidence in preparation for trial. Types of discovery tools include interrogatories and depositions.

What are the types of discovery tools?

Types of discovery tools include interrogatories and depositions. Second, settlements are common after the defendant's motion for summary judgment. If the court grants the entire motion, the defendant wins and the case is over, unless the plaintiff files an appeal.

What happens if a court denies a motion for summary judgment?

If the court denies the entire motion, a trial is usually the next step in the civil suit. A motion for summary judgment is often the defendant's last chance to avoid a trial. So this is when a defendant may be most eager to settle should they lose on the motion for summary judgment.

When do settlement talks begin?

Settlement talks often begin before the personal injury lawsuit process even starts. But when those pre-litigation negotiations breakdown, a client and his or her personal injury lawyer may feel like they have no choice but to take legal action.

Can a videotape be used as evidence in a trial?

However, there might be some questions as to whether the evidence is admissible at trial. If the judge allows the plaintiff to use the evidence, the defendant may be much more willing to settle.

Can a losing side appeal?

That's because no matter who wins, the losing side can appeal, draining additional time and expense from the winning side . If the plaintiff won, a defendant's appeal could dramatically extend the time it takes for the plaintiff to receive his or her money. There's also the chance of losing on appeal.

Do personal injury cases reach settlement?

The vast majority of personal injury cases reach settlement before trial. There are many reasons for this, with advantages for both the injured person (the plaintiff) and the at-fault party (the defendant). Let's look at when and how a personal injury lawyer will likely negotiate a settlement on behalf of a client.

How long does it take to file a lawsuit?

That said, once the initial paperwork has been submitted to the court, the defendant has 30 days in which to file a response. Now, filing a lawsuit often shows to the other party that you are serious about your case, and it is not uncommon for settlement talks to resume once a claim has been initiated.

How long does it take to get a personal injury case settled?

Lawsuits can take months or even years to complete. This is one of the reasons that most personal injury cases are settled before the case goes to trial. If you’ve been injured in a car accident in Atlanta and someone else is to blame, you may be wondering when you will receive your compensation so that you can move on with your life. ...

What is demand letter?

The demand letter outlines the law, the facts, and the evidence you have at your disposal. This is all done in an effort to compel a settlement, and the letter would likely include portions of your medical records, witness information, and other documents, such as photographs or police reports.

How long does it take to settle a liens claim?

It’s usually easy to settle liens, unless the government has a lien against your settlement. If you have any liens from a government-funded program like Medicare or Medicaid, it takes months to resolve them. Your lawyer also uses your settlement check to resolve any bills related to your lawsuit.

How long does it take for a check to clear?

Once your lawyer receives the check, they usually hold it in a trust or escrow account until it clears. This process takes around 5-7 days for larger settlement checks. Once the check clears, your lawyer deducts their share to cover the cost of their legal services.

What is structured settlement?

Unlike a regular settlement that pays the settlement amount in full, a structured settlement is when a defendant pays the settlement amount over time. These types of settlements usually occur when the case involves a minor or if there was a catastrophic injury that requires extensive ongoing medical care.

What happens when you get a settlement check?

When you finally reach a settlement, there are a few more things you and your lawyer need to do before the defendant gives your lawyer the check. Even so, once the check reaches your lawyer, there are a few obligations they must attend to before they give you the final balance.

How long does it take for a settlement check to be delivered?

While many settlements finalize within six weeks, some settlements may take several months to resolve.

How to speed up the delivery of a settlement check?

Once you get close to a settlement, start drafting a release form ahead of time so it’s ready once you reach an agreement.

What is a lawsuit loan?

A lawsuit loan, also known as pre-settlement funding, is a cash advance given to a plaintiff in exchange for a portion of their settlement. Unlike a regular loan, a lawsuit loan doesn’t require a credit check or income verification. Instead, we examine applicants based on the strength of their case.

What is structured settlement?

If you have been awarded a large sum, it may come in the form of periodic payments. These periodic payments are called a structured settlement. If you have a structured settlement but would like more of your money now, read up on sell structured settlement details to see if this is the right path for you about “ how long does it take ...

What happens after a settlement is reached?

After a settlement has been reached, your attorney will pay any outstanding medical or automobile bills. This process can be sped up if your attorney has all the most current bills.

What happens after you pay court fees?

After all other fees are paid, then the remainder of the funds will go to you. Common court fees are for filing of settlements, fees to force witnesses to appear, and other court expenses.

How long does a bank hold money?

If you receive a large sum of money at once, your bank may hold some of the money for 3-9 business days. This helps to ensure that the money that is deposited comes from legitimate sources. At the end of a long case, the last thing you want to hear is that it will take longer to receive your funds. Rest assured your attorney will be working ...

When will insurance companies issue checks?

After the Agreement Is Signed. While an agreement may have been made, the insurance company will not issue a check until the legal paperwork has been signed. It may take some time to ensure all the legal paperwork is signed and appropriately filed.

Can you get a check after a certain time?

Typically if checks are received after a certain time of day or day of the week, they will be processed on the next business day. Weekends and holidays can delay check processing.

When Do Personal Injury Settlement Talks Start?

  • Settlement talks often begin before the personal injury lawsuit process even starts. But when those pre-litigation negotiations breakdown, a client and his or her personal injury lawyermay feel like they have no choice but to take legal action. Only after each side of the personal injury case feels comfortable with the facts and the evidence will they seriously engage in settlement talks, and discussion on resolving the matter out of court will typically contin…
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Who Negotiates A Settlement?

  • The plaintiff's lawyer and the defendant's lawyer typically lead settlement talks. But because an insurance companyis often the entity that will write a check if the plaintiff wins or the case settles, the defendant's insurance company often gets involved in negotiations. Regardless of who actually engages in settlement talks, the final say in whether to accept or decline a settlement offer comes from the clients (plaintiff and defendant). When a lawy…
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Personal Injury Lawsuit Settlement Strategies

  • One of the key factors in settling a case is timing. There are several moments during the life of a lawsuit where settlements become more common. First, as mentioned above, there's the completion of discovery. Discovery is the litigation stage in which the plaintiff and defendant have the opportunity to get crucial information from one another, and obtain potential evidence in preparation for trial. Types of discovery tools include interrogatories an…
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What Happens After The Case Settles?

  • After both sides agree to settle, they will confirm the terms and prepare a settlement agreement. The exact provisions included in the agreement will vary from case to case, but the defendant agrees to pay a certain amount of money in return for the plaintiff agreeing to end the lawsuit and give up the right to sue the defendant again for the same ...
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