Some things in life are worth the wait but this doesn’t mean you don’t want to speed things up. Your settlement check from an accident is one of those things you don’t want to wait for. You have bills coming in, and may even be missing work. So, what’s the average timeline to settle an accident claim?
Unfortunately, there isn’t a specific timeline for settling a personal injury claim. A lot of factors can impact how long it takes to settle your injury claim. While you may not be able to mark a date on your calendar, you can get a general idea of when your settlement check may finally arrive.
Factors Potentially Affecting Settlement Timelines
Several factors can affect your settlement timeline. Some, all, or none may impact your claim. Remember, every accident claim is different and this plays into what can affect your settlement timeline:
- The complexity of your accident case. Some injury claims are pretty straightforward like a slip-and-fall or vehicle accident. Other types of claims tend to be a little more complicated like ones dealing with medical malpractice.
- Your claim’s value. Insurance companies are usually reluctant to pay out larger claims without going through several rounds of negotiations.
- The seriousness of your injuries. Accident claims involving severe injuries usually take longer to settle. You may also run into delays if your injuries require extensive treatment.
- Proving liability. Before you can move forward with most types of personal injury claims, you must prove negligence and this can take time.
If your claim turns into a lawsuit, you can expect more delays. Trials take time and there’s no guarantee when your case will hit the top of the court’s docket. You may be waiting several weeks before your case makes it into the courtroom. Then there’s still the trial if the insurance company still isn’t ready to settle.
Navigating the Accident Settlement Process
Filing an accident claim is a little more involved than simply calling the insurance company. There are steps to follow. In other words, there’s a process, and skipping a step may mean waiting longer to settle your injury claim.
Send a Demand Letter
After calculating your damages, it’s time to send a demand letter to the insurance company and/or at-fault party. Your demand letter lays out your damages and gives details about the accident. Typically, a demand letter isn’t sent out until you make what’s known as maximum medical improvement (MMI).
In other words, your letter of demand doesn’t go out until your medical treatment is finished. If long-term or lifetime care is necessary, the demand letter tends to go out once you have a treatment plan.
Start Negotiations
Every now and then, insurance companies go ahead and approve an accident claim without any fuss. When this happens, you can usually expect to see your settlement check in about three months or so. You may even be able to settle your claim in as little as a few weeks. Once again, it depends on your accident claim.
Most injury claims end up in negotiations, and it’s not necessarily a bad thing. Sure it drags out the settlement process, but you also have a better chance of getting close to your claim’s actual value.
File a Lawsuit in Civil Court
Negotiations aren’t always successful. Sometimes, it’s impossible to reach an agreement with the insurance company. When this happens, you’re headed to civil court. Yep, this can add months to your accident settlement timeline.
Your personal injury attorney files your claim in court. Hopefully, you’re not waiting months for a court date. In the meantime, your attorney is probably filing motions, along with the insurance company. The discovery process comes next. This is when everyone compares evidence and reviews the upcoming injury case.
You’re probably also headed back to negotiations. This is standard before most personal injury trials. There’s a good chance the insurance company will agree to settle. Trials are expensive and most insurance companies want to avoid the added costs.
Go to Trial
The majority of personal injury cases never make it to trial but a few do. The complexity of your case plays a big role in the timeline. Your trial may only last a couple of days or drag on for months. Your trial date can even change, further delaying the settlement timeline.
Speeding Up Your Accident Settlement Timeline
Settling a personal injury claim can take a lot of time. If you end up in court, you may be looking at months or even a couple of years before you see a settlement check. Working with an experienced personal injury attorney can help make the process go a little smoother, and possibly shorten the time it takes to get your accident settlement check.
