May 1, 2024 | Car Accidents, Compensation
Getting compensated after an automobile accident can feel like an unnecessarily long and confusing process. Car accidents happen every day yet we still don’t seem to have a process that is easy to navigate. You are either driving a damaged car or left without a vehicle on top of possibly dealing with physical injuries, car repairs, and mountains of paperwork.
As car accident attorneys, the most frequently asked question we receive from clients is “What is the average car accident settlement in Missouri“. The second most frequently asked is probably: when will I see that settlement check?
Most times, car accident cases will be settled before trial, but it may take weeks, months or even years for it to draw to a close, depending on a few factors. You are probably worried about your car accident claim and might be wondering how long it will take to get settled.
Car accident settlements involve a demand letter, negotiations, an agreement, a check, and settlement papers. So whether you’ve got a car accident case you have to handle or are just preparing just in case you’re ever in such a situation, know that a settlement takes a while, and it is good to understand the processes.
It is important to remember that each state has its own laws and processes when it comes to car accident settlements.
It is important to understand that their are different ways you can be awarded compensation after an automobile accident. The type of compensation you receive will play a significant role in determining when you will receive it. Most car accident victims will receive at least one of the following types of compensation:
A demand letter is your opportunity to present your case in the car accident to your insurance company. You can give out all the facts and details of your injuries as well as any medical treatment needed.
The initial amount demanded should usually be higher than the actual settlement amount so that there is room for negotiation.
Your insurance company will respond to your demand with an offer you can negotiate. They will usually give the lowest offer they can. You should never accept the first offer when it comes to your car accident compensation.
Instead, write a reiteration including the strengths of your case and counter-demand a price that is lower than your initial offer. Do this until both parties can reach a happy medium that will satisfy you.
Once your offer is accepted, you will want to make sure that it is all in writing.
This step involves receiving your car accident settlement papers. This amount should be sufficient for medical fees, even after attorney fees. After you accept the offer, your insurance company should have you sign a release form that prohibits you from pursuing any other claims on the accident.
Your check should come a few weeks after you sign the release form and the case closes completely.
As stated above and below, there are a number of factors that can affect the time it takes to receive compensation after a car accident. Having worked as car accident lawyers for such a long time, however, we can give you general estimates based on our experience:
In most cases, you can expect to have a check from car accident insurers within 30 days of the accident. This typically covers damage to your vehicle and any property within the vehicle that was also damaged.
If you have received minor injuries caused by the accident, you may be eligible for additional compensation. Payment for things like medical expenses, lost wages, doctor visits, etc. may be eligible for compensation. The average time it takes to receive compensation for car accidents involving minor injuries is typically between 3-6 months.
The more severe the injuries the longer it typically takes to receive compensation. This is not always a bad thing, however. It is important to receive, at minimum, enough to cover your medical costs. Sometimes, we don’t know the severity of an injury or whether or not treatment will be effective for months after an accident. Because of this, accidents with more severe injuries can take anywhere 6-12 months to receive compensation.
If a settlement cannot be reached, you may be forced to file a car accident lawsuit so a court can make a decision. Car accidents that involve going to court can take anywhere from 12 – 36 months for compensation to be received.
Whether you hire an attorney or handle the claim yourself will affect how long it takes to settle it. An attorney will likely be able to help you get a higher settlement, but this will mean you might need to wait a little bit longer.
While managing the claim yourself may result in a lower settlement, you will most likely get it done faster.
Negotiations with the insurance company can be lengthy, especially if they offer a lowball settlement initially. Working with an experienced car accident lawyer can streamline this process and potentially expedite your compensation.
Settlements will depend on determining who was at fault for the car accident.
Determining who’s at fault can be a complex process. If fault is clear-cut, the settlement might be quicker. However, disputes involving multiple parties or unclear liability can significantly delay things.
The driver at fault will most likely settle, which could happen quickly. But if there is a dispute, the insurance companies for both parties will need to conduct an investigation, which could go on for months before finally reaching a settlement.
Settlements are dependent on injuries suffered. Minor injuries might allow the car insurance company to settle the case more hastily, but more severe injuries will involve more extensive medical documentation, especially if treatment is needed. Automobile accidents involving serious injuries requiring extensive medical treatment typically lead to a longer wait. Insurance companies need a clearer picture of the full extent of your damages before settling.
If you’ve filed for a lawsuit, the court’s ability to schedule a hearing and trial dates will also affect the amount of time it takes for settlement. Getting your hearing scheduled will depend on the court’s schedule, which might set things back for weeks. If a settlement can’t be reached and you decide to pursue legal action through a lawsuit, the timeline can stretch to months or even years.
Get in touch with Craig Ortwerth today! He is a specialist in personal injury and accident law and he’s happy to help!
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