Five Factors That Determine How Long a Car Accident Settlement Takes

After a car accident, what follows can be overwhelming. You will be saddled with injuries, medical bills, vehicle damage, out-of-pocket expenses, and other financial burdens. As a result, injured victims who decide to seek compensation from the at-fault party often ask how long a settlement will take.

Unfortunately, the car accident settlement timeline varies from case to case and is influenced by various factors. This blog will cover the five factors which determine how long a car accident settlement can take, providing a clear understanding of what to expect when you submit a claim. We’ll also cover how long it can take to get a settlement check and how damages are calculated.

If you or a loved one sustained injuries in a car accident and have questions about the claims process, our Texas car accident lawyer can provide answers and guidance. Call us now at (713) 973-8888 for a free and confidential consultation.

Why Choose the Terry Bryant Accident & Injury Law Team?

At Terry Bryant Accident & Injury Law, we prioritize our clients’ interests and well-being. While we cannot control how long a case will take, we will do all we can to ensure your case is resolved for the maximum amount as soon as possible. We will help you deal with the intricacies of your car accident claim and protect your rights.

We will ensure that the insurance company does not prolong the case and that they offer reasonable settlements. We will be with you throughout the claim process so you can pursue compensation confidently and without fear. If you need a legal team unafraid of insurance companies, we are the ones to call.

Our services are on a contingency fee basis, so you don’t have to worry about paying us upfront. Contact us now to learn how we can help you get a fair settlement. 

Five Factors That Determine How Long a Car Accident Settlement Takes

The following are factors that affect the car accident settlement timeline:

Injury Severity

The more severe your injuries are, the longer it might take to settle your claim. Injury severity affects a settlement timeline because of the following:

• Medical Treatment Duration: Severe injuries require extended treatment and healing, as the injured party might need surgeries, rehabilitation, and physical therapy. As a result, settlement negotiations begin once the wounded person attains maximum medical improvement (MMI). MMI is determined when a doctor confirms that your injuries are stabilized and no further improvement is expected. It is best to wait for your MMI before settling so that all current and future medical costs are included in the settlement, but this could take months or years.
• Long-Term Impact: Injuries that result in permanent disability or require long-term care make the compensation calculation complex. This is because you need to account for lost wages, loss of earning capacity, and ongoing medical expenses. The more severe the injury, the longer it takes to assess and include these factors, which prolongs negotiations.
• Medical Expert Testimony: Medical expert testimony can delay the settlement process, but it is needed to establish the severity of an injury, the need for future medical care, and the impact on the victim’s quality of life.

Proving Liability

Establishing liability is crucial for the settlement process. The simpler a claim, the faster it will settle; when liability is disputed, the timeline will be significantly affected because of the following:

• Investigations: Disputed liability involves thorough investigation. Your lawyer and the insurance company adjuster might need to review police reports, analyze accident scene photos, and gather witness statements. If required, an accident reconstructionist might be hired to give an expert opinion on how the accident happened; if there are multiple parties, it will take longer to establish liability.
• Comparative Negligence: If both parties share some degree of fault, determining the fault percentage is a complex process that will take time. This causes negotiations to stall, thus prolonging the settlement timeline.
• Legal Disputes: Where liability is disputed, it can lead to legal proceedings in court, which will delay the settlement.

Our attorneys can help you prove liability and gather the necessary evidence to shorten the timeline and get a settlement faster.

Gathering Evidence

The strength and availability of evidence is crucial in proving liability and justifying the amount sought. However, the time it takes to gather evidence can significantly impact the car accident settlement timeline because of the following:

• Collection of Evidence: Evidence like medical records, accident scene photos, vehicle repair estimates, and witness statements are needed to prove a strong case. The settlement negotiations might stall depending on the available evidence and the time it takes to gather other proof.
• Expert Opinion: If expert testimony is needed, the time it takes to coordinate evaluations and get formal reports can prolong the settlement timeline.
• Discovery Process: If you file a lawsuit, you will go through a stage known as “discovery”. During this time, each side will request information and evidence from the other, and there will also be interrogations and depositions. This process increases the amount of time it takes to reach a settlement.

Amount of Damages

The total amount of damages claimed affects how long a car accident claim takes to settle. Below is how the amount of damages affects the time it takes to settle:

• Comprehensive Evaluation: The insurance company will conduct a thorough evaluation of the case to verify that the amount sought is fair and justifiable.
• Economic vs. Non-Economic Damages: Economic damages are easier to quantify and calculate, unlike non-economic damages. The time it takes to calculate non-economic damages, and disagreements over the amount may also affect the time it takes to settle.
• Future Costs: If you’re requesting compensation for future costs, the time it takes to accurately project the costs and disagreements amongst parties over the amount can also affect the settlement timeline.

How to Get a Fair Valuation of Damages

When calculating your settlement, you need to factor in all your economic and non-economic damages and have the evidence to back it up. For example, you will need receipts and invoices of all medical bills to determine total medical costs.

Non-economic damages are more complex as they have no fixed value. However, we have a method for calculating non-economic damages, and the evidence of the accident’s impact on your life plays a crucial role in the calculation. Ultimately, to get a fair evaluation of your damages, we will include the following:

• Medical expenses (covering emergency room visits, medications, surgeries, therapy, and medical equipment)
• Cost of property damage repairs
• Loss of income
• Loss of earning capacity
• Pain and suffering
• Emotional distress/mental anguish
• Loss of consortium
• Loss of enjoyment of life
• Out-of-pocket expenses
• Scarring, disfigurement, and humiliation.

We can represent you during negotiations and seek a settlement that adequately covers your damages, and one which you approve of. 

Insurance Company Process

Insurance companies have internal processes and policies that significantly affect a car accident settlement timeline:

• Claim Review and Investigation: Insurance companies investigate the accident before paying a claim. They will review medical records, interview witnesses, and assess vehicle damage which could take weeks or even months, depending on the case’s complexity.
• Negotiation Process: Insurance companies pitch low settlement offers in hopes that you will desperately need money to cover urgent costs and accept them. The negotiation involves a lot of back and forth and takes time.
• Multiple Insurance Companies: In multi-vehicle car accidents multiple insurance companies will communicate and coordinate amongst each other which takes time, affecting the settlement timeline.

Understanding these factors will help you know what to expect while navigating the settlement process. This will also help avoid unnecessary delays.

How Long Does It Take to Get a Settlement Check?

The timeline for getting a settlement check depends on several factors. They include the following:

• The time it takes the insurance company to process the payment
• The number of releases the at-fault driver must sign before their insurance adjuster orders the check
• How long it takes the insurance company’s accounting department to issue the check
• How long it takes for your lawyer to receive the check through the mail
• The time it takes for your lawyer to deposit the check into their trust or escrow account before disbursing it to you.

After agreeing on a settlement amount, it can take four to ten weeks for you to receive a check.

We Can Help You Secure a Fair Settlement

Dealing with insurance companies is easier when you have an attorney. We will handle all the meetings and negotiations with the at-fault party’s insurer so you can focus on recovering. Call us now at (713) 973-8888 for a free and confidential case review.