How Long Do Car Accident Settlements Take?

How Long Do Car Accident Settlements Take?

The time it takes for a car accident settlement to be reached can vary significantly from case to case. Depending on the complexity of the claim and the amount in dispute, settlements can take as little as a few weeks or months but could also take years. Since each case is unique, it’s impossible to state a reasonable average timespan for resolving your claim. 

Factors affecting the length of time it takes for a car accident settlement to be reached include: 

• The severity and complexity of the injury or damages sustained
• Whether or not liability is disputed or accepted by both parties
• Whether or not all necessary evidence has been gathered and presented
• The insurance companies involved in the claim and their practices regarding claims processing times
• Any Florida state laws governing how quickly settlements must be processed and resolved

It is in your best interest to consult with a Florida car accident injury lawyer and have them assist you with filing your claim.

How Long Does It Take To Get Paid After a Car Accident Settlement?

Once an agreement is reached and a settlement is finalized, the payment process can usually begin promptly. Depending on the case’s complexity, you may receive your payment in full within a few days to several weeks. Both parties must abide by any stipulations in their agreement so that payments can be made as quickly as possible.

How Long Does an Insurance Company Have To Settle a Car Accident Claim in Florida?

In Florida, insurance companies must abide by the statute of limitations, meaning they must process and settle claims within a specific period. In most cases in Florida, this period is four years from the accident date. If an agreement has not been reached or payments have not been issued by then, you may be able to pursue additional legal action against them for failing to act with reasonable care and haste toward resolving your claim.

How Fast Can You Get a Settlement Check?

The timing of a settlement check can vary greatly depending on the complexity and nature of your claim. Sometimes, after a settlement is reached, it may take just a few days or weeks. However, depending on how long insurance processing takes, it could take months or longer to see any payment.

What Factors Influence How Fast My Settlement Gets Paid?

The complexity and nature of your claim can greatly impact how quickly it gets resolved. When liability or fault is disputed, it may take much longer for both parties to agree. Additionally, since insurance companies are usually involved, their internal policies for assessing damages can add time before a settlement is paid.

How Is a Settlement Paid Out?

Car accident settlements are typically paid through a wire transfer, which moves funds directly to your lawyer’s trust account. The process usually takes just a few days. Next, your lawyer will issue payments for outstanding medical bills, their legal fees, and any other expenses you owe. Finally, your lawyer will issue a check to you for the remaining balance. 

Consulting a Car Accident Attorney Early in the Process Is Critical

Most people need more specific knowledge and experience to navigate the legal system efficiently. Car accident attorneys are highly trained legal professionals. Car accident attorneys spend years learning about laws, trial precedents, and court procedures. Although you can learn enough to handle a case yourself, completing each step in the process will take longer, and you will risk making mistakes that could cause delays.

When Is the Best Time To Consult an Attorney During the Claims Process?

The best time to contact an attorney is before you file your car accident claim. If you’ve been injured in a car accident, you can call an attorney from the accident scene to receive legal counsel. Your attorney will tell you what you should do while at the accident scene and explain your legal obligations. For example, you’re legally required to remain at the accident scene. However, you are not required to answer any questions the police have without legal representation. 

You may be in shock after your accident and unaware of relevant factors that will determine who was at fault for the accident. You may also need to come to terms with the extent of your injuries, how they’ll affect your life, and your ability to handle legal matters. Your attorney will encourage you to seek medical treatment to ensure your car accident injuries are documented, diagnosed, and treated. This is crucial and will help your accident claim. 

How Can a Car Accident Attorney Help Me Reach a Car Accident Settlement That Covers My Expenses?

You can seek damages from the person responsible for your accident to compensate you for your financial and personal costs. Your attorney can help you calculate economic damages, ensuring you include relevant expenses such as the following: 

• Burial costs
• Childcare expenses
• Funeral costs
• Home maintenance costs
• House cleaning bills
• Job retraining expenses
• Lost income
• Medical bills 
• Property damage costs
• Relocating or remodeling costs
• Transportation expenses

Lost income doesn’t simply apply to the time you’ve already been unable to work because of your injuries. You can include a claim for future lost wages if you need ongoing medical care before you can return to work or if you have to change careers because of your injuries.

Relocating or remodeling costs may not apply to all car accident victims. Still, you may have to move to a different location if you have severe injuries and your current home isn’t wheelchair accessible. Your attorney can help you identify relevant expenses and justify your claims.

Your attorney will also help you calculate the non-economic damages you can seek, which can include claims for the following:

• Anxiety
• Depression
• Disfigurement
• Grief
• Loss of consortium
• Loss of quality of life
• Pain and suffering
• Post-traumatic stress disorder (PTSD)
• Scarring 

Your attorney will also determine whether you can seek punitive damages. Courts award punitive damages in cases involving gross negligence, which is why you’ll need your attorney to determine whether there is evidence that justifies that claim.

Although most car accident claims result in settlements of $25,000 or less, there are multiple factors to consider when calculating your claim. Your car accident attorney will consider each relevant personal or financial cost and accurately calculate your damages so they can fight for you to receive every penny you deserve.

Your Attorney Will Handle Settlement Negotiations

Insurance companies try to avoid paying settlements or reduce the compensation they pay. It’s best to promptly hire a car accident attorney because you should avoid speaking to the at-fault party’s insurance company so you aren’t manipulated into accepting partial or complete responsibility for your accident or waiving your rights to compensation. 

Insurance companies may also present themselves as your ally. Hence, you think they’re making a reasonable settlement offer when, in fact, they’re rushing an offer that’s much lower than you deserve. They may attempt to delay the process if you don’t accept the low offer. Hiring an attorney ensures you get a timely response and enter settlement negotiations to resolve your claim.

Your attorney will handle any discussions or correspondence with the insurance company. Your lawyer will also speak during settlement negotiations. They will use their legal knowledge, evidence, and experience negotiating to fight for you to receive a fair settlement.

How Can Your Car Accident Lawyer Help Expedite Your Settlement?

Your attorney will be able to help expedite your car accident settlement by providing valuable assistance throughout the process. They can lend their expertise and experience in properly filing paperwork, gathering evidence, negotiating with insurers, and helping ensure that you receive fair compensation for your damages in a timely manner.

Does Hiring a Car Accident Lawyer Help You Receive a Settlement Payout Sooner?

Experienced lawyers who handle Florida personal injury claims often have relationships with insurance personnel. Therefore, they are better equipped to mediate disputes and present valid cases, leading to faster successful settlements.

What Are the Important Things To Know About Florida Car Accident Settlements?

The state’s various laws and regulations can complicate car accident settlements in Florida. For example, Florida’s no-fault law requires you to file your injury claim with your insurance company first. Everyone with a registered vehicle in the state must have personal injury protection (PIP) coverage. The minimum insurance policy amount of PIP required is at least $10,000. In addition to PIP insurance, owners of registered vehicles must have $10,000 property damage liability (PDL) insurance. Then, if your particular accident meets specific criteria, you can file an injury claim against the other party’s insurance company. 

Additionally, you must know the statute of limitations for filing your claim. Furthermore, Florida statutes allow for the application of comparative fault. This means when both parties are considered at fault, a percentage is assigned to each party, which can reduce your settlement or even prevent you from seeking damages.

How Long Does the Process of Reaching a Car Accident Settlement Take?

The length of time it takes to negotiate a car accident settlement varies. Before you settle, you must complete several steps:

Filing a Claim

Filing a claim involves submitting the appropriate paperwork to initiate a claim. This process could be delayed if you suffer severe injuries and cannot complete the paperwork promptly.

Discovery and Investigation

Although the police may respond to the scene and complete an accident report, your legal team will investigate the accident and locate relevant witnesses and evidence. Your attorney will ensure the correct at-fault party is identified and that they prepare a case that supports your claim.

Your attorney must also establish the defendant’s negligence. To do this, your attorney must demonstrate the following:

• Duty of care: Your attorney must demonstrate that the at-fault party should have known they needed to act in a way that would avoid harming others. For example, it’s reasonable to expect drivers to obey traffic laws when driving. A driver’s duty of care requires them to follow traffic regulations to help prevent accidents.
• Breach of duty: Breaching the duty of care means acting unreasonably and unsafely. For example, drivers who speed or run red lights have breached their duty of care by taking actions that increase the risk of harm to others. 
• Causation: Your attorney must demonstrate that the at-fault party’s breach of duty caused you harm. This means showing the car accident only occurred because the defendant’s actions or inactions constituted a breach of their duty of care. 
• Damages: Your attorney must demonstrate you suffered physical injuries because the at-fault party breached their duty.

Establishing these factors forms the foundation of your case. It’s crucial to note that the defendant’s breach of duty of care did not have to be intentional; a failure to act can also be a breach of duty.

The defendant’s insurance company will have its adjuster investigate the accident. The adjuster may recommend that the company pay the claim, pay a lower amount, or refute the claim. 

During this stage, legal representatives for both sides can issue discovery motions and take other steps to ensure they have all the relevant factors needed to resolve the case. 

Negotiations

Your attorney will handle negotiations before you file a lawsuit. If those negotiations fail, there will be further negotiations after the filing, which serve as a final attempt to resolve the case without going to court. 

Payout or Trial

If you settle through negotiations, you will receive your settlement from the insurance company. However, the case will proceed to court if you fail to settle.

How Long Does It Take To Sue if a Settlement Can’t Be Reached?

After filing a car accident injury claim, you will spend time negotiating with the at-fault party’s insurance company. This period can vary; some insurance companies refuse to negotiate, allowing your case to quickly progress to the next stage. Others may spend months negotiating but fail to present you with a reasonable settlement offer.

Once negotiations end, you must file a lawsuit and have the defendant served. The following months involve case preparation and responses to discovery motions and any other legal petitions issued by the defense. The more discovery motions and petitions you must respond to, the longer the preparation phase can take. 

Your case must be scheduled for trial. Multiple factors can affect the trial schedule. After the 2020 COVID pandemic, court backlogs caused scheduling delays. Although the post-pandemic situation has improved, the number of local case filings will determine how long you must wait for your trial date.

The trial duration depends on the evidence you present and the number of witnesses who take the stand. 

Suppose you win at trial, and the court orders a judgment. Since the case went to trial, the defendant can appeal the verdict. In this scenario, you would receive your judgment once the initial court verdict was upheld. 

With so many variables affecting the timeframe for resolving your case, it can take years to receive a judgment if your case goes to trial. 

If You Have Been Injured in a Car Accident, Let Bernstein & Maryanoff Injury Attorneys Help You Recover the Damages You Are Entitled To

After being injured in a car accident, it is important you speak with one of our Miami car accident lawyers today. With a passion for justice, extensive experience, and proven results, Bernstein & Maryanoff Injury Attorneys are committed to ensuring our clients receive the compensation they deserve. 

Sources:

Bieber, C. (2022). Typical Car Accident Settlement Amounts. 

Claims Adjusters, Appraisers, Examiners, and Investigators: What They Do. (2024). 

FLA. STAT. § 768.81. 

Florida Insurance Requirements. (2024). 

Killian, M. (2022). Chief Justice Canady Says The Courts Are Making A Dent In Case Backlogs. 

Lawyers: How to Become a Lawyer. (2024).