How long does it take to settle a car accident? Why is my settlement for a car accident taking so long? How long does it take to receive an auto accident settlement check?

Car accidents can be terrifying and have devastating effects on one's life. You are not only suffering from physical pain, such as back and neck injuries, but also from financial stresses, such as the cost of repairing your vehicle, medical expenses, and potential wage loss. Understandably, you desire prompt and equitable compensation. Thankfully, almost all auto accident lawsuits are resolved without the need for a trial. However, if you understand how car accident settlements work, the timeline for a personal injury settlement depends on many factors, including the severity of your injuries, the time it takes to recover, the insurance company limits of the at-fault driver, whether you live in a state with no-fault auto insurance, and liability defenses. 

The length of the settlement process following a car accident can range from a few weeks to several months or even years, depending on the circumstances surrounding the accident. Obtaining reasonable compensation for damages frequently requires persistent and strategic negotiations between your attorney, the insurance companies, and the defense attorneys.

If you have specific questions or want to schedule a free consultation with the car accident attorneys at Brandon J. Broderick, contact us today.

Here are some important factors to consider, including approximate timelines for each part of the legal process during a car accident case:

1 - Receiving Medical Treatment (One to Twelve Months)

Receiving proper medical treatment for injuries sustained in a car accident is time-consuming but essential. Failure to do so may hinder your recovery, hinder your personal injury claims, and have an effect on the amount of your settlement. It is essential that you listen to your doctors' instructions until you achieve full recovery or maximum medical improvement. Depending on the severity of your injuries, you may be required to undergo weeks or months of intensive physical therapy, particularly if you sustained life-threatening internal injuries. 

2 - Having Your Case Evaluated by an Attorney (Two to Four Months)

As soon as you recover from your injuries or achieve maximum medical improvement, your attorney will begin gathering the necessary evidence to support your claim. For instance, your attorney will need to review all of your medical records and bills, estimates of property damage, lost wages, and out-of-pocket expenses. The time required to gather this evidence differs greatly depending on your treatment, but can take anywhere from two to four months on average. The sooner you provide your attorney with the requested information, the better they will be able to evaluate your car accident lawsuit.

3 - Your Attorney Will Send a Demand Letter (Three to Six Weeks)

After you have completed treatment and had your damages evaluated, your attorney will likely attempt to negotiate your auto accident claim before submitting a lawsuit. A car accident attorney's objective is to ensure that their client receives sufficient compensation for their injuries. Compensation is a monetary quantity that may be used to cover medical expenses, lost wages, emotional harm, and property damage. An experienced car accident attorney will work to ensure that you are compensated for the cost of the accident and its aftermath, which was caused by the negligence of another party. Typically, they will submit a demand letter and receive a response within three to six weeks

4 - Your Attorney Will File an Insurance Claim (Two to Four Weeks)

If you are unable to reach a settlement prior to filing a lawsuit, your attorney will prepare a complaint for you to review and sign. The document will then be filed and served on each defendant. The defendant(s) will then have twenty days to file a response. 

Keep in mind that merely filing a lawsuit for an auto accident will not necessarily result in a trial. In reality, only a small fraction of cases do. Cases can be resolved at any point, even during trial.

5 - Proceed to Discovery (Six Months to One Year)

The rate at which car accident lawsuits progress depends on a number of variables, including the jurisdiction, the number of defendants, and the complexity of the legal issues. Discovery is a process that allows each party to exchange information, assess damages, and establish defenses. Your attorney will guide you through each of these stages to ensure that the information is complete and accurate, and that it accurately reflects your case. Depending on the circumstances, this can take between six months and a year.

6 - Mediation and Negotiation (Two to Four Weeks)

Following the completion of discovery, the parties have essentially revealed their positions. At this juncture, your attorney may suggest a mechanism for alternative dispute resolution, such as arbitration or mediation. This is an opportunity for both parties to weigh the advantages and disadvantages of their respective cases and negotiate fairly.

7 - Going to Trial (One to Three Days)

If you are unable to reach a settlement and your case goes to trial, it will typically last two days.

8 - Reaching a Settlement

Settlement is only one option for resolving your case. However, if you choose to settle, you will typically receive your settlement check within 30 days after signing and returning the release agreement.

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Frequently Asked Auto Accident Settlement Related Questions

How long does it take to receive an auto accident insurance payment?

After you return a signed release, you should receive your check within 30 days.  However, the time it takes to receive a settlement check following an auto accident can vary based on a number of factors, such as the complexity of the case, the severity of the injuries, and the negotiating skills of the attorneys involved.

In certain situations, a settlement may be reached within a matter of weeks or a few months. In more complex cases involving disputes over liability, damages, or insurance coverage, however, reaching a settlement can take several months or even years.

Why is my auto accident settlement taking so long?

There are numerous reasons why a settlement for a car accident may take longer than anticipated. Among the most common reasons are:

  • If the accident was especially severe or involved multiple parties, the settlement process may be more complicated and take longer to resolve.

  • If you were injured in the accident, the process for settling may be delayed until your medical treatment has been completed and your condition has stabilized.

  • The insurance company may conduct an investigation in order to determine who was at fault in the accident or to confirm the extent of your injuries and damages.

  • If there are disagreements over liability or the quantity of compensation you are entitled to, negotiations between your attorney and the insurance company can be time-consuming.

  • A lawsuit for automobile accident settlements can result in court delays. The legal procedure may be delayed due to court backlogs or scheduling conflicts.

A Car Accident Attorney at Brandon J. Broderick Can Help You Today

Don't let the length of time it may take to resolve your car accident claim discourage you from pursuing the compensation and justice you deserve. It is crucial to maintain communication with your personal injury attorney and the insurance company in order to understand the status of your case and any potential obstacles that may arise. Contact Brandon J. Broderick, Attorney at Law, to speak with a skilled auto accident attorney if you or a loved one has been involved in an accident that you believe was caused by the negligence of another driver. 

Our firm has a thorough knowledge of personal injury law, resulting in years of experience and a track record of success. We are proud of our ability to provide clients with the zealous representation they deserve. Contact us today for a complimentary consultation.


Posted by: Brandon J. Bro…
Date: Thu, 04/20/2023 - 18:54

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