After being involved in a car accident the bills can start piling up, and you may have things like medical expenses and car repair or replacement costs.
Depending on the severity of your injuries, you may also be dealing with lost wages, and your settlement check from the accident can’t seem to get here fast enough. Unfortunately, it’s going to take more than a couple of days to receive compensation for your damages. However, you don’t wait years to settle your personal injury lawsuit.
Instead of letting your case drag out through countless negotiations and a lengthy trial, you may be able to speed up the legal process.
Settling a Personal Injury Claim
Every personal injury claim is unique—however, some basic steps apply to every injury claim following a car accident. After contacting an accident attorney, the first step is the initial consultation.
If the lawyer decides to take your case, and you want to work with them, then the investigation starts. Your attorney will research the accident, including the cause, which will include gathering and compiling evidence, talking to witnesses, and reading police reports. After reviewing the evidence, your attorney will prepare a demand package.
The demand package summarizes the reason the other driver is liable for your damages. The letter will also include a settlement amount. Before you get too excited about the proposed settlement amount, remember it’s only a starting number. The next step is negotiating with the at-fault driver’s insurance company. The insurance adjuster will issue a counteroffer, and it’s up to you to accept or deny it.
If you deny the settlement offer, you can continue negotiating or file your case in civil court. The at-fault driver can still face criminal charges, but this is up to the authorities, including the prosecuting attorney. While these steps don’t seem too involved, it will take time to research, collect evidence, and go through the negotiation process, but ultimately, how long it takes can depend on a few factors.
Factors That Can Draw Out a Personal Injury Case
The factors that can affect the timeline of your personal injury case can vary. The insurance company may not respond promptly to your lawyer’s request for a meeting. The negotiation process can also be lengthy and take several attempts to reach an acceptable settlement. Remember, the insurance company is going to want to settle for noticeably less than your stated damages. Reaching an agreeable settlement often takes longer than one or two meetings.
Some other reasons your claim is taking a while to settle include:
- Your injuries may be too severe to allow you to participate in your claim. Serious injuries often require long-term treatment, and it can take a while to receive all of the necessary documentation. To claim ongoing medical care, you’ll need to provide proof.
- Sometimes, it’s not easy to determine fault in an automobile accident. Even in states with comparative negligence laws, blame still needs to be assigned before your personal injury claim can move forward. If the accident occurs in a modified comparative negligence state, you can’t sue for damages if you’re found to be 50% more at fault. Once blame is determined, you may still be waiting a week or so before the accident report is ready. Without the accident report, the insurance company cannot begin processing your claim.
Another reason your personal injury claim may be dragging on is if you file a lawsuit. Once the lawsuit is filed, you’re often waiting on the court to move your case along. Depending on the docket, it may take a month or so before your case is called. However, there can be a silver lining.
Sometimes, filing a lawsuit encourages the insurance company to come to an agreeable settlement. If this happens, you can resolve your claim by accepting the insurance company’s offer.
How Long Does It Take to Receive a Settlement Check
Okay, forget what you see on TV and in the movies. The insurance adjuster doesn’t walk around with a check in their hands, hoping you’ll accept their settlement offer. This means that after signing the necessary paperwork, you’re not going to be paid immediately.
Illinois law gives the insurance company 15 working days to send you the paperwork to file a claim after you make the request. This is only the paperwork to start the claims process, it often takes noticeably longer to receive a settlement check.
In some cases, the check can be issued in as little as one week. Others may wait a month or so before the settlement check arrives in the mail. Don’t watch your mailbox for the check, it will probably end up on your attorney’s desk. From there, your attorney deducts their fees, along with any provided liens if applicable, the remainder is yours to use to cover your expenses.
Don’t worry about your attorney keeping your check. The accident attorney deposits the check in an escrow account until you’re ready to pick it up.
How to Move Your Case Along
Some things you can’t rush. For example, you can’t rush your court date. You and your attorney have no control over the court’s calendar. You also can’t force the insurance company to offer a settlement you can live with. However, there are a couple of things you can do to help your case move along a little faster.
Start by keeping all of the paperwork relating to your auto accident. You never know what can benefit your case or what the insurance company may request. Having the paperwork on hand eliminates the need to search for copies. Sometimes, things like medical records and car repair receipts can take a while to be available.
You also want to be available for every appointment your attorney sets. Having to reschedule can push your claim back weeks or even months.
Let Your Attorney Take Care of the Details Regarding Your Case
Although receiving a settlement check immediately following a car accident is unrealistic, enlisting the services of an attorney can significantly expedite the process. By closely following your attorney’s guidance and allowing them to manage the intricacies of your case, you can streamline the legal proceedings.
An adept attorney will efficiently handle negotiations, documentation, and communication with all involved parties. This professional approach not only minimizes potential obstacles but also aims to resolve your personal injury case effectively, avoiding any unnecessary or prolonged delays.
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