A car accident lawsuit follows a general timeline of steps, but the length of each step can vary significantly. It could take a few months or even several years. The prospect of a car accident settlement is always an option along the way.
A lawyer will ask for details of the accident, your injuries, and the treatment you received. Then, they will do the investigation in your name and gather evidence. Depending on how complex the case is, this can take several weeks.
Settling an auto accident claim or other personal injury claim is a complicated process. Without experienced legal representation, you might undervalue your personal injury case, forfeit important rights, and experience frustrating delays.
A car accident trial usually only takes a day or two to complete. Step 6: How Long Will an Appeal Take to Complete? If one of the parties isn't happy with the result of the trial, an appeal is possible. There are several levels of appeals—even just one level of appeal could take six months to a year to resolve.
The process of filing a car accident claim includes the following steps:
A settlement is an agreement between the injury victims and the at-fault party that happens outside of the courtroom. A settlement can happen anytime before or during the trial. Most injury claims in the US are settled.
How long a vehicular accident takes to settle depends on the following factors:
How long it takes to get paid after a car accident settlement depends on many factors. However, in general, you should receive a check within four to six weeks after reaching a settlement.
Personal injury cases may be very complicated, and if you sustain injuries in a car incident, it is essential to hire a law firm with years of experience you can trust.
There is no such thing as a typical amount of time before you reach a settlement for your vehicle accident. Why is that? Because there are quite a few factors that can affect the duration of the claims process and potentially a personal injury lawsuit related to your accident.
We at Roberts Jones Law will not rest until you obtain the maximum recovery possible, including reimbursement for medical expenses, lost wages and money damages for your pain and suffering.
If you choose to take a quick settlement, you may end up with some fast cash, but you also might not be getting fair compensation for your injuries. The more serious your injuries, the more seriously you should take the settlement process. After all but the most minor car accidents, it's usually a wise move to discuss the ins and outs of your potential claim with a car accident attorney. Remember, once you accept a settlement, you can't go back and ask for more money, and you can't file a lawsuit, even if it turns out your injuries are worse than you first thought.
The mechanics of most car accident settlements are very similar, starting with the demand letter, followed by negotiations (possibly mediation), agreement, and the drawing of a check and settlement papers.
If injuries are more extensive and lengthy medical treatment is necessary, the insurance company will probably request detailed documentation before making a settlement offer. Learn more about damages in a car accident case and common car accident injuries.
The car accident demand letter is your first and best opportunity to present your case to the insurance company, including the facts of the accident and details around your medical treatment. The initial amount demanded is usually much higher than the settlement you would be willing to accept, so that you or your attorney have room to negotiate.
After you accept the offer, the insurance company will require you to sign a “release” that prohibits you from pursuing any other claims related to the accident. If your case is already active in the court system, when the settlement is reached you will have to discontinue the case. Once you have signed the release and/or discontinued the case, the insurance company will cut the check and send it to you or your attorney in short order, usually within a couple of weeks.
When you have finally received an acceptable settlement offer, make sure that you have it in writing, that it will cover any necessary future medical treatment, and that it will leave you with a reasonable amount after deducting your attorney’s fees (as set by the contingency fee agreement you entered).
It may be true that most car accident cases settle, but the only car accident claim you're probably worried about is your own. And some of your biggest injury claim questions likely involve timing: at what stage in the process is a car accident settlement most likely? And when will you receive the actual settlement check?
Most legal claims from accidents are resolved through negotiated settlement before reaching a civil court. Here’s how long it takes to reach a car accident settlement.
The majority of states require car accidents involving injuries to be reported to the county sheriff, police department, or state highway patrol. In cases of serious injuries or property damage, a written police report may be required.
Document evidence from the car accident supporting damage and or injury claims. Evidence may include photos, witness testimony, and medical records.
Insurance coverage can differ from one state to another depending on whether the state uses the at-fault or no-fault system.
Each state has time limitations for filing an injury claim. From the moment the car accident occurs, a claim can be made at any time up to six years. Suing for damages past the statute of limitations will not result in a recovery for damages caused.
Insurance companies look at liability, damages, and the terms of the insurance policy to determine a settlement offer. Conditions can look different based on the insurance company.
The claim is over as soon as the car accident claim is settled and the release of liability is signed, even if an individual does not accept the settlement payment.
While most personal injury settlements in Texas finalize within six weeks or less, the process to get there can be a bit complex. Fortunately, if you know what to expect, you’ll find this process a lot easier to navigate. Keep reading to learn more about the various steps in the personal injury settlement process.
Once you reach a settlement with the insurance company, the lawyers typically draft a series of release forms. Depending on your circumstances, your release forms might be relatively simple, or they might contain detailed terms and conditions that your attorney will have to read over very carefully.
Once the settlement check clears, your lawyer will distribute your settlement money. Usually, your lawyer will have to use some of your settlement money to settle various unpaid debts (also called liens). For example, your lawyer might have to send portions of your settlement money to: Medical providers with unpaid bills.
While this process should run smoothly, insurance companies sometimes delay payment for various reasons, including flat-out clerical errors. If you experience prolonged delays while waiting for your settlement check, you should contact your lawyer for assistance.
On rare occasions, a personal injury claim gets paid through a structured settlement, which is an arrangement that involves the victim receiving portions of their settlement over time. Typically, these structured settlements occur when the victim is a minor or has a catastrophic injury claim that involves ongoing, expensive medical and nursing care.
If your settlement gets delayed extensively and you’re wondering what’s going on, you should contact your personal injury lawyer. Your lawyer should be able to at least explain the delay and might even be able to resolve it. And, he or she might be able to give you options that could expedite your payment.
After your lawyer pays any liens, they’ll deduct legal fees and costs from your settlement. Your lawyer’s fees will amount to a certain percentage of your settlement as set forth in the attorney-client contract signed by you at the beginning of your case.