Amy A. Senerth, Esquire
Settling a car accident claim can range from a few months to several years, depending on the complexity. Straightforward cases resolve quickly, but those involving serious injuries or disputes over fault take longer. Key steps include seeking medical treatment, having your case evaluated by a lawyer, sending a demand letter, filing an insurance claim, and going through discovery. Mediation or trial might be necessary. Staying proactive and communicating with your lawyer can help speed up the process. Once settled, you'll typically receive your settlement check within 30 days.
Giving a clear answer to how long injury settlements take is always going to be a complicated task. Here are some key steps to consider:
Car Accident Settlements in 8 Steps
Step 1: Seek Medical Treatment (1-12 months)
Obviously, attending to a hip fracture or whiplash is a priority immediately after an auto accident. Go to the hospital and seek proper medical treatment for injuries following your motor vehicle accident. Failure to do so may delay your recovery, your personal injury claims and impact your settlement amount.
Follow the guidance of your treating physicians until you reach a full recovery or maximum medical improvement. Depending on the severity of your injuries, extensive physical therapy may be required. Treatment and recovery range from weeks to several months.
Step 2: Get Your Case Evaluated by a Lawyer (2-6 months)
Once you recover from your injuries or reach maximum medical improvement, your attorney will begin to collect evidence needed to support your damages. For example, your attorney will need to review all medical records and medical bills, property damage estimates, lost wages, the police report, and any out-of-pocket expenses you may have.
The time it takes to gather this evidence varies—to a large extent depending on your treatment, but in general, takes anywhere from 2-6 months. The quicker you provide the information requested by your attorney, the better situated they will be able to assess your automobile accident lawsuit.
Step 3: Send a Demand Letter (4-6 Weeks)
Once you have completed treatment, and your damages have been assessed, your attorney will most likely attempt to negotiate your car accident claim prior to filing a car crash lawsuit. They will typically start with sending a demand letter and typically receive a response within 4-6 weeks.
Step 4: File an Insurance Claim (2-4 Weeks)
If you are unable to resolve prior to filing a court case, your attorney will initiate a lawsuit by preparing a complaint which you will review and verify. It will then be filed and served on each of the Defendants. From there, the Defendant(s) will have 20 days to file a response.
Keep in mind that just because you file an auto accident lawsuit, it won’t necessarily go to a trial. In fact, a small percentage do. Cases can settle at any time, including during trial.
Step 5: Move to Discovery (6-12 months)
The pace at which car accident lawsuits move depends on many factors including the jurisdiction you're in, the number of Defendants involved, and the complexity of the legal issues. The term known as discovery is a means for each of the parties to exchange information, assess damages, and establish defenses.
The lawyers at Muller Brazil will walk you through each of these steps to make sure the information is complete and accurate, and portrays your case in the best way possible. Depending on the case, this will take anywhere from 6 months to a year.
Step 6: Mediate and Negotiate (2-4 Weeks)
Once discovery is complete, the parties have essentially laid their cards on the table. At this point, your attorney may recommend an alternative dispute resolution, such as arbitration or mediation. This is a chance for both sides to listen to the strengths and weaknesses of their case and negotiate for a mutually beneficial outcome.
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Step 7: Go to Trial (1-3 days)
A car accident trial takes a few days to a few weeks. It depends on how complex the case is, how much evidence needs to be looked at, and how many people need to speak about what happened. Simple cases are quicker, but complicated ones take longer.
Step 8: Settle
Reaching a car crash settlement is only one way to resolve your case. However, if you choose to settle, once you sign and return the release agreement, you will usually obtain your settlement check within 30 days.
Auto Accident Frequently Asked Questions
So how long do auto accident claims take?
The timeline for settling an auto accident claim varies widely based on several factors, including the severity of the accident, the complexity of the case, and whether there are disputes about who was at fault. Simpler cases without major disputes can be resolved within a few months. However, if your case involves serious injuries, multiple parties, or significant disagreements over liability, the process can take much longer—sometimes even years.
Despite the potentially lengthy process, remember that taking the necessary time to ensure you receive fair compensation for your injuries and damages is usually worth it. Staying in close contact with your lawyer, being patient, and understanding each step helps make the process smoother. Your patience and persistence through this process are vital, and having a compassionate and experienced lawyer by your side makes a big difference. Don't hesitate to reach out to us, your legal team, for support and guidance. We are here to help you deal with this complex process and to advocate on your behalf. Remember, you’re not alone in this journey.
How long does it take to get the settlement check after the initial car accident?
This depends on the facts of your case, but in general, anywhere between 9-18 months.
How long does it take to get an insurance check from a car accident case?
Once you return a signed release, you will likely see your check within 30 days. However, the length of time it takes to receive a settlement check from a car accident varies depending on a variety of factors, including the complexity of the case, the extent of the car accident injuries, and the negotiating skills of the attorneys involved.
Why is my car accident settlement taking so long?
There are several reasons why the car accident settlement may take longer than expected. Some of the most common reasons include:
- Complexity of the case
- Medical treatment
- Investigation
- Negotiations
- Court delays
- Uninsured motorist
Meet the Author
Amy Senerth - Associate Attorney
Amy A. Senerth is a trial attorney at Muller Brazil and My Vaccine Lawyer. Ms. Senerth’s practice includes representing vaccine injury victims, and individuals who suffer catastrophic personal injuries as a result of unsafe drugs and medical devices, defective products, unsafe premises, auto, bicycle, and construction accidents. Prior to joining Muller Brazil, Ms. Senerth worked at a litigation firm specializing in worker’s compensation subrogation, and representing injured workers in third party and product liability cases.
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