7 min read time
Table of Contents
Auto Accident Settlement Timeline
After filing an injury claim, it's vital that you understand the car accident settlement timeline. By understanding it, you'll be able to more effectively navigate your injury claim and possibly even increase your final auto accident settlement amount.
Immediate Aftermath of the Accident
On the day of the car accident, your first steps should have been to ensure everyone's safety, call the police, and exchange contact and insurance company information with the other driver involved.
In addition, immediately after a car accident, you should seek medical treatment even if you feel fine, as some serious injuries, such as internal bleeding, may not show immediate symptoms.
Filing a Injury Claim and Initial Investigation (1-3 Weeks)
You or your car accident attorney will file an auto accident claim with your insurance company. It's necessary that in this step, you provide all documents related to your car accident case, such as medical records, repair estimates, and photos.
After you file a car accident claim with your insurance company, an insurance adjuster will begin investigating the accident.
Medical Treatment and Recovery (4-12 Weeks)
During this step of the personal injury claim process, you should obtain ongoing medical treatment and follow your doctor's advice.
Ensure that you also keep detailed records of medical expenses and treatments you received.
The insurance adjuster assigned to your auto accident claim will continue to evaluate your claim during this step, so it's important that if any new injuries or damages arise, you send documents related to them to your adjuster to ensure that your personal injury claim is evaluated correctly.
Settlement Negotiations (3-6 Months)
Once your medical treatment is completed, your car accident lawyer will send a demand letter to the at-fault driver's insurance company. This demand letter will outline the injuries and damages you sustained in the car crash and the settlement amount you seek in the car accident claim.
After your personal injury lawyer sends the demand letter to the at-fault driver's insurance company, they will respond with a settlement offer. If the settlement offer is considered to be fair compensation for your injuries and damages, your lawyer will accept it.
However, if the offer is considered to be lower than what you're entitled to, your car accident attorney will start negotiating for fair compensation.
Settlement Agreement (Months 6-12)
If your car accident attorney reaches an agreement with the at-fault driver's insurance company, then both parties will sign a settlement agreement.
This settlement agreement form will legally release the at-fault party from any further liability in the auto accident.
The car accident victim will receive their settlement in the weeks to come; however, if the final settlement fails to cover certain costs related to the accident, the car accident victim will need to seek out other forms of compensation listed here.
Litigation (If Necessary) (Months 12+)
In the event that a fair compensation amount cannot be reached by your personal injury lawyer, they may need to file a car accident lawsuit to obtain it.
This step involves pre-trial procedures, discovery, and possibly a trial, which can significantly extend the timeline of car accident claims.
Legal proceedings take several months to years, depending on the complexity and worth of the auto accident case.
It's vital that if your case reaches this stage, you hire an experienced car accident lawyer, as you can expect a fight from the opposing side.
How Long Do Most Car Accident Settlements Take?
The auto accident settlement timeline can vary significantly for every car accident victim as it's based on several factors; however, on average, most car accident settlements will take a few months to over a year to resolve.
What Factors Affect How Long a Car Accident Settlement Takes
There are numerous factors that can affect personal injury claims, with some of the most significant being:
- Severity of Injuries:Personal injury claims involving serious injuries such as broken bones, head trauma, or long-term disability can take much longer to settle compared to an insurance claim with minor injuries.
- Disputed Liability:In car accident claims where liability is not clear; the case can tend to drag on as both parties will extensively investigate and argue their positions.
- Law Firm Choice:The car accident attorneys you chose to represent you in your car accident case can have a significant effect on how long your settlement will take, as an experienced auto accident lawyer will tend to be able to obtain fair compensation faster than an inexperienced one.
- Potential Settlement Amount: An insurance claim that has the potential to result in a large settlement check the case will take longer as the opposing side will attempt to delay or block the claim.
What to Do If My Personal Injury Claim Is Denied?
Learning that your personal injury claim has been denied can be a frustrating experience. Luckily, there are steps you can take to get your injury claim refiled:
Understand the Reasons for Denial
Following your claim being denied, communicate with the insurance company to understand why your claim was denied.
Common reasons for claim denial can be:
- Insufficient Evidence: Insurance companies often deny car accident claims that don't have enough evidence to support the claim of liability or the extent of injuries and damages.
- Policy Exclusions:Some insurance companies have exclusions for accident claims, such as if the driver was unlicensed. If the car crash falls under an exclusion, the claim may be denied.
- Missed Deadlines: If you miss your state's statute of limitations when filing a personal injury claim, your claim will be denied.
Review the Denial Letter
If the insurance company denies your claim, they will send you a denial letter, which you'll need to carefully read.
While reading the denial letter, identify the cause for denial and then work to identify potential discrepancies or misunderstandings.
Gather Additional Evidence
Work with an experienced car accident lawyer to gather evidence related to your case. Prioritize gathering evidence such as:
- Medical Records
- Accident Reports
- Expert Opinions
File an Appeal
Most insurance companies offer an appeal process for personal injury claims that have been denied.
It's highly recommended that if your claim was denied, you use this by writing a formal appeal letter outlining why you believe your claim denial was incorrect.
Submit this letter along with any supporting evidence to your insurance company.
Consult with a Lawyer
If you still face problems with your claim being denied, contact an experienced auto accident attorney with a background in personal injury law who can help you get your claim accepted and even file a car accident lawsuit if necessary.
How Are Car Accident Settlements Calculated
Car accident settlements typically contain economic and non-economic damages and are usually calculated by the amount of:
- Medical Expenses
- Lost Wages
- Property Damage
- Pain and Suffering
- Loss of Consortium
- Emotional Distress
Depending on the extent of the losses above, the car accident settlement will be calculated by adding the total economic and non-economic damages, with non-economic damages multiplied by a range from 1.5 to 5, depending on the severity of the injuries.
What Is the Average Settlement for a Car Accident
Following a car crash, the final settlement will depend on several factors, such as the severity of the injuries and the amount of shared fault.
However, there are general estimates of what car accident victims should receive in their personal injury cases based on the severity of the injuries. These estimates are:
- Minor Injuries: The average settlement for car accidents with minor injuries is usually around $3,000 to $10,000, as these personal injury cases involve low medical costs and a short recovery time.
- Moderate Injuries: If the motor vehicle accident resulted in moderate injuries, the injury victims could expect a settlement of around $10,000 to $50,000.
- Severe Injuries: Car accidents that result in long-term or permanent disabilities or significant impact on quality of life will typically result in a final settlement ranging from $50,000 to $500,000.
- Catastrophic Injuries: Injury victims who experience life-changing injuries such as paralysis or severe traumatic brain injuries will typically receive a settlement ranging from $500,000 to Millions.
Whether you believe your settlement is small or large, contact our experienced car accident attorneys today, who will immediately start negotiating on your behalf for the highest possible settlement amount. Call (702) 566-3600 to speak with a Las Vegas car accident lawyer.
How Long Does It Take to Get a Settlement Check After Signing a Release
Signing the release form is one of the last steps to you receiving your motor vehicle accident settlement.
A general overview process is as follows:
- Signing the Release Form:Once your personal injury attorney negotiates a settlement amount that both parties agree on, you'll sign the signed release form, which removes any further liability from the other party.
- Insurance Company Processing: After signing the release form, the insurance company will approve it and prepare a check; this stage may take around 1-3 weeks.
- Issuing the Check: After processing, the insurance company will mail you a check, which may take 5-10 business days to arrive.
- Attorney Actions: If a personal injury attorney was involved in your case, the check will be sent to them to ensure that the funds are handled correctly and that any outstanding liens or fees are paid. This part may take around 3-5 business days.
- Disbursement of Funds: Your personal injury attorney will then use the settlement money to pay medical liens, legal fees, and other expenses related to your case before awarding you the remaining amount.
In conclusion, after signing the release form, it may take 2 to 5 weeks to receive your settlement check.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
