How long it takes to get your settlement check following a personal injury accident depends on many factors. There is no way to know how long it could take from the outset. Factors that could impact the speed at which your claim settles include:
- The difficulty of the investigation
- The strength of your case
- Whether the at-fault party is an individual, a company, or a government agency
- Whether your case settles out of court or goes to trial
Once your case settles or you receive a court award, there could be additional delays because of how the insurer handles payouts. Our team can help you understand when you can expect your settlement.
It Takes Time to Investigate an Accident and Develop a Supported Claim
The investigation into a personal injury accident is critical to building a strong case against the at-fault party and recovering an appropriate and just payout. During this investigation, your legal team must:
- Obtain and analyze documents
- Identify and interview eyewitnesses
- Perform an accident reconstruction, in some cases
- Work with experts to understand the incident and injuries
- Determine your future medical needs, if applicable
- Gather evidence to prove the costs incurred
Each of these steps takes time, and significant delays are possible with several of them. However, your attorney will want to ensure they have looked into your case thoroughly before filing a claim. The evidence from the investigation is what supports the insurance claim and bolsters the demand for a fair settlement.
Going to Trial Often Takes Significantly Longer
Settlement negotiations can also take time. In some cases, our firm may file suit while talks with the insurer continue. This usually occurs when time is running out or the insurer does not want to compensate the client adequately.
If the insurance carrier denies the claim or refuses a just settlement, it may be necessary to go to trial. This puts your case on the court’s timetable and may cause a significant delay. We will need to move through discoveries and pre-trial motions and wait for the court to set a trial date. The speed of this process varies and depends heavily on the jurisdiction and other factors. At trial, the judge and jury will:
- Hear evidence from both sides
- Evaluate what they believe happened
- Determine if the defendant is liable for your injuries
- Contemplate the value of your case based on evidence
- Issue a verdict and possibly a court award
Your trial could last a few hours, or it could continue for days. It may start one week and finish another. At trial, the timetable is wholly dictated by the court.
Delays in Processing Your Settlement or Court Award
Even once your personal injury lawyer from our team negotiates an insurance settlement, or you receive a verdict and award in court, you will not get paid immediately. It will take some time for the insurer or other party to process the payment. The steps required for this process include:
- Writing an agreement or other legal paperwork
- All parties signing the documents
- Submitting the documents to their proper departments for payment
Some insurers issue checks daily, but others may only do so weekly, biweekly, or even monthly. However, the settlement check will not come directly to you. Instead, our law firm will manage the payout to you.
How Our Firm Handles Payment
Our firm works on a contingency-fee basis, which means we only take payment for our services if we secure compensation in your case. Once we receive the check from the insurer, we will:
- Deposit it in a special account for safekeeping
- Take out our agreed-on percentage
- Cut a new check for the remaining funds and send notice that it is ready or deliver it to you
Get Started Right Away to Build the Strongest Case Possible
Connecting with our team as soon as you can after your accident can help protect your rights and give us time to build a strong case for a fair settlement. Each state has its own time limit for beginning a personal injury lawsuit. These vary from one year to four years or more, and you must abide by the applicable deadline in your state.
There are also some cases where additional deadlines apply. One example is when the liable party is a municipality or other government agency. When this occurs, the deadline for taking action may come sooner. Missing the deadline could result in losing your ability to sue.
Speak to a Personal Injury Attorney Today for Free About Your Case
Contact our team today to learn more about the steps necessary to hold the liable party in your case accountable. The Morris Bart law firm provides free case reviews for personal injury victims in Louisiana, Alabama, Arkansas, and Mississippi. We may be able to help you seek and recover compensation in your injury case.
Call (800) 537-8185 to get started today.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.
