Understanding how long the settlement process can be after a car accident is crucial for managing insurance claims and legal matters. A fair settlement can alleviate financial stress by covering medical bills, car damage, lost income, and rehabilitation expenses.
Settlement time is influenced by the severity of injuries, faults, insurance delays, and case complexity. Understanding these factors can help individuals approach their situation with confidence and patience.
If you’ve been injured in a car accident that was caused by someone else, keep reading for an overview of the claims process and what you can expect from an auto accident settlement.
Factors Influencing the Settlement Timeline
Severity of Injuries & Medical Treatment
If you’re still receiving medical care after an injury, your lawyer might suggest waiting until you’re fully recovered before agreeing to a settlement. Once you reach Maximum Medical Improvement (MMI), meaning you no longer benefit from medical treatment, that’s when you should settle. This way, you can be sure that all your current and future medical expenses are covered.
Liability & Fault
When it’s clear who is responsible for the accident, it can speed up the process of settling your case. If everyone agrees on fault, both sides can come to a resolution faster. However, if there’s a disagreement about who is to blame, it can complicate things and make negotiations longer and more expensive. This can add stress for everyone involved.
Insurance Company Delays
Insurance companies can sometimes take longer than expected to process claims. This might be due to their internal processes or efforts to negotiate a lower payout. They may also require more time to check facts and ask for extra documents.
Case Complexity
Some cases can be more complicated and may take longer to resolve. This is often true for situations involving serious injuries, multiple people, or disagreements about who is at fault. Such cases might need extra time to gather evidence, negotiate with insurance companies, or even go to court.
Steps in the Car Accident Settlement Process
1. Gathering Evidence & Filing a Claim
After being in a car accident, it’s important to gather information to support your injury claim. Start by talking to a lawyer who can help you collect proof of what happened, such as police reports, medical bills, statements from witnesses, and any pictures from the accident scene.
2. Medical Evaluation & Determining Total Damages
Understanding your medical situation is key, as some injuries require care over a long period. Make sure to think about all current and future costs related to your injuries. This should also include the role of your pain and suffering during this process as well, as figuring this out can take some time. If you weren’t responsible for the accident, Georgia law allows you to ask for compensation for your damages. Once you finish your medical treatment, you and your lawyer will submit a personal injury claim to the other driver’s insurance company and wait for their response, which will include a letter outlining your total damages.
3. Demand Letter & Negotiation
When someone is involved in a car accident and wants to claim damages, their lawyer writes a demand letter. This letter explains what happened during the accident, the injuries that were sustained, and how much compensation is requested from the insurance company. The letter needs to be carefully written to accurately represent the case.
After the letter is sent, the lawyer starts negotiating with the insurance company to seek a fair settlement for their client. The negotiation process can take different amounts of time, depending on the situation. If talks are not progressing well or if the insurance company offers a settlement that seems too low, the lawyer may need to take further steps to ensure the client receives appropriate compensation.
4. Settlement Agreement & Release of Funds
A settlement agreement is an important part of a personal injury case, where both the injured person and the other party agree on how much money will be paid to resolve the issue. The process of reaching this agreement can take time, especially if there are disagreements about who is at fault or how serious the injuries are.
Once both sides agree, they sign a release form, which means they accept the settlement and give up any rights to take further legal action.
The process of finalizing the release usually takes a few days to a week. After that, the insurance company processes the payment, which can also take several days, especially in Georgia. The settlement check is sent to the lawyer, who puts it into a special account meant for holding client funds. The lawyer then takes out their fees and pays any necessary bills before giving the rest of the money to the client. Overall, this part of the process usually takes a few more days.
5. Filing a Lawsuit (If Necessary)
When you experience a car accident, the insurance companies may not see eye to eye on how much compensation you should receive. If that happens, your lawyer might suggest that you file a lawsuit. Getting a lawsuit ready can take about a month. In Georgia, instead of suing the insurance company, you would directly sue the other driver involved in the accident. Once you file, that driver has 30 days to respond, and then you and your lawyer will get ready for court.
After the lawsuit is filed, there’s a discovery period where both sides gather information and evidence; this can take several months. If the case is settled before going to trial, that’s great, but if not, you’ll proceed to a trial. Typically, trials for car accident cases in Georgia last around two days, but a lot of preparation goes into them beforehand. If everything goes well, a judge or jury will determine how much money you should be awarded for your damages.
How Long Does It Take to Get Settlement Money After an Agreement?
When you receive a letter about an insurance claim, keep in mind that insurance companies often delay their response to push for a lower payout. If you don’t hear back in 45 to 60 days, check with your lawyer. They may also make a quick, low offer, so don’t accept the first one. If you don’t have a lawyer, get one soon. They will negotiate with the insurance company to help you get a fair settlement. If you agree, you’ll usually receive a check about a month later.
Common Mistakes That Delay Car Accident Settlements
- Failing to document injuries and damages thoroughly.
- Not hiring a lawyer early enough to handle negotiations and claims.
Speak with a Georgia Car Accident Attorney Today
Car accident lawyers are essential in helping people who have been hurt in accidents, letting them focus on healing rather than negotiating legal claims. Our attorneys assist in navigating the legal process and work to secure fair settlements for those affected. Having a lawyer by your side can lead to better offers, making it easier for you to recover from your injuries and get back on your feet financially.
If you’ve been injured in a car accident, we at Weatherby Law would love to talk to you and understand what happened. We know that every situation is different, and the time it takes to resolve a case can vary based on your recovery and the complexities of your case.
Our team is dedicated to fighting for you to ensure you receive a fair settlement that reflects all the hardships you’ve gone through. With years of combined experience, our car accident lawyers have successfully helped many clients recover millions in compensation. Contact us today.
