People involved in car accidents find the settlement process taking longer than expected. If you’re wondering why your settlement is taking so long, several common factors could be the cause. At Cummings & Lewis, we believe that understanding these reasons can help you manage your expectations and navigate the process more smoothly.
5 Factors That Can Affect the Timing of a Car Accident Settlement
1. Length of Medical Treatment
To get the most out of your personal injury claim, it’s important to wait until you reach maximum medical improvement (MMI) before settling. MMI means your condition has stabilized, and your doctors believe further recovery is unlikely. This doesn’t mean you’re fully recovered, just that your condition is as good as it’s going to get. If you settle before reaching MMI, it’s hard to fully understand the long-term effects of your injuries and the costs involved, especially if future medical expenses are required.
2. Gathering Evidence and Medical Records
Once you’ve completed your medical treatment, your attorney will need to collect all relevant medical records and bills. This documentation serves as critical evidence to support your claim.
Obtaining these records can be a time-consuming process since healthcare providers often take weeks or even months to process requests for records. Additionally, the records must be thoroughly reviewed to ensure they accurately reflect the severity of your injuries and the cost of your treatment, which may extend the timeline of your case.
3. Insurance Company Delays and Negotiations
Insurance companies are businesses focused on minimizing payouts. As a result, they may employ tactics to delay the settlement process, such as including a request for additional documentation, disputing liability, or making lowball offers in the hope that you’ll accept less than what you deserve.
Negotiating with insurance companies is a delicate process. Your car accident attorney will need to carefully review any settlement offers and compare them to the true value of your claim. If the initial offer is insufficient, negotiations may continue, causing an extension of the timeline for getting your settlement.
4. Complexity of the Case
Cases involving severe injuries, multiple parties, or disputes over liability are inherently more complicated and take longer to resolve. For instance, if multiple drivers were involved in the accident, determining fault can be a lengthy process. Additionally -such as we mentioned before- if your injuries are severe or life-altering, it may take longer to accurately assess the full extent of your damages.
5. Legal and Administrative Procedures
After agreeing on a settlement amount, there are still legal and administrative procedures that need to be completed before you receive your compensation. This includes negotiating liens, which are claims made by healthcare providers or insurance companies to recoup the cost of your treatment from your car accident settlement. These negotiations can be complex and time-consuming, particularly if there are multiple liens or if the amounts are disputed.
Car Accident Settlement Timeline
At Cummings & Lewis, we created this timeline to break down every stage of a car accident claim and its estimated time. We believe this is an easier way of understanding how long your car accident settlement may take:
Stage | Description | Estimated Time | |
1 | Immediately After the Car Accident | Seek medical attention immediately to document your injuries. File a police report to establish an official record of the accident. Contact a car accident attorney to start the legal process and protect your rights. | 1 to 2 Weeks |
2 | Initial Investigation and Documentation | Your car accident attorney will gather evidence such as medical records, police reports, and witness statements. Establishing fault is key, and may involve consulting experts to support your claim. | 4 to 12 Weeks |
3 | Medical Treatment and Reaching MMI | Focus on medical treatment until you reach Maximum Medical Improvement (MMI), where your condition stabilizes. Settling before MMI could result in insufficient compensation. | 3 to 18 Months (or longer) |
4 | Demand Letter and Negotiations | After reaching MMI, your attorney will send a demand letter to the insurance company, starting negotiations. This process may involve back-and-forth offers to reach a fair settlement. | 2 to 6 Months |
5 | Settlement Agreement or Litigation | If a settlement is reached, the case concludes with payment. If not, your attorney may file a lawsuit, extending the timeline as the case goes through court procedures. | 6 to 24 Months (or longer if it goes to trial) |
6 | Receiving Your Settlement | After a settlement or judgment, the insurance company sends the check to your attorney. Funds are disbursed after deducting legal fees and bills. This process takes a few weeks to finalize. | 4 to 8 Weeks |
How to Speed Up Your Car Accident Settlement
It’s understandable to want a quick settlement, but rushing can lead to accepting less than you deserve. Here’s how to stay on track while ensuring a fair outcome:
- Stay organized: Keep detailed records of your medical treatment, bills, and other expenses related to your accident.
- Communicate with your car accident lawyer: Regularly update your attorney on your medical condition and any new developments in your case.
- Be patient: Understand that delays are often necessary to ensure you receive fair compensation.
While the settlement process can be frustratingly slow, it’s important to understand that these delays are often necessary to ensure you receive fair compensation. If you’re concerned about the progress of your car accident settlement, an experienced personal injury lawyer will keep you informed and work diligently to resolve your case as efficiently as possible.
Get a Car Accident Attorney at Cummings & Lewis
If you’ve been injured in a car accident and are wondering why your settlement is taking so long, it may be time to seek professional legal assistance. Our experienced personal injury attorneys can help you navigate the complex settlement process and fight for the compensation you deserve. Contact us today for a free consultation at Cummings & Lewis.
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With 50+ years of combined legal experience, the attorneys at Cummings & Lewis, LLC represent people who need legal assistance. Our size, experience, and legal knowledge allow us to represent people who face all sorts of legal concerns in state and federal courts.