How long does a car accident settlement take? The time it takes to settle a car accident case depends on factors such as the severity of injuries sustained, whether liability is disputed, the insurance company’s process, and whether litigation is necessary.
At Carrigan & Anderson, PLLC, our car accident lawyer in Corpus Christi will keep you informed on what to expect.
Why the Severity of Injuries Affects How Long a Car Accident Settlement Takes
Medical costs form a large part of many car accident claims. To calculate the full value of your medical costs, including future medical care, your attorney must wait until doctors are satisfied you have reached maximum medical improvement (MMI). It is the point at which your condition has stabilized enough for doctors to reasonably predict your future medical needs.
Your attorney at Carrigan & Anderson, PLLC will want to be sure that your claim takes long-term needs into account. As our catastrophic injury lawyer in Corpus Christi is aware, certain injuries have lifelong consequences. Medical needs can be intensive, and the injured party might be unable to work. Other damages such as loss of quality of life also increase with the severity of injuries.
Severe injuries often result in repeat surgeries and downtime, and any settlement should take this into account. Medical records and expert testimony support a claim to cover these costs and losses, so understanding your condition and future outlook is key.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Disputes Over Liability Can Affect Timelines Leading Up to a Settlement
Valuing your damages is important, but your eligibility for compensation and the proportion of your damages covered depends on the degree to which you and other parties were at fault. In accordance with Tex. Civ. Prac. & Rem. Code § 33.001, you cannot claim damages from other parties if you were 51% or more to blame for your accident.
If your share of fault was 50% or less, you can only recover the portion of your damages you weren’t to blame for. For example, if you were 30% to blame, you can only recover 70% of your damages. In some instances, a few percentage points can make a substantial difference to your settlement, making liability a hotly disputed component of many car accident cases.
Because your future financial security may depend on liability findings, Carrigan & Anderson, PLLC will be prepared to fight back against unfair attempts at blame-shifting. Any shred of evidence that is open to question will be questioned and debated, even when a case ultimately settles out of court. Dealing with this process is sometimes time-consuming despite thorough preparation.
Insurance Companies Must Follow the Rules, But Their Processes Can Delay Settlement
Texas insurance companies are required to comply with strict deadlines. Even so, their processes can delay settlements. The Texas Department of Insurance (TDI) specifies that insurance companies must meet deadlines to respond to Texas claims. They are required to:
- Once you have submitted your claim, insurance companies usually have 15 business days to acknowledge that they have received it.
- After receiving all information needed to evaluate the claim, insurers generally have another 15 business days to accept or reject it.
- If insurance companies want to investigate your accident first, they must notify you if they wish to make use of the 45-day extension allowed for further investigation.
- If your claim is successful, they must pay your claim within 5 days of agreeing to settle.
This timeline already adds to how long a car accident settlement can take, but it gets longer if a car insurance company requests more information, rejects a claim, or offers an inadequate settlement that doesn’t cover your medical bills. Your attorney from Carrigan & Anderson, PLLC must review the reasons behind the denial or settlement offer and address them, which can add time for appeal and negotiation.
Representing the injured in all areas of Texas that extends back over 40 years
Sometimes, Allowing Time for Litigation is The Only Way to Obtain a Fair Settlement
Getting a reasonable out-of-court settlement through negotiation saves time, but there are situations in which the best settlement offer still isn’t fair to you. At this stage, filing a lawsuit may become the best strategy for pursuing fair compensation. If we believe litigation could make a significant difference, Carrigan & Anderson, PLLC will explain what that may mean for you.
Our law firm believes in preparing cases with an eye to possible litigation, but we must still file and serve a petition. After the petition is filed and served, the court assigns deadlines and ultimately a trial date. Those dates are generally set months in advance to allow time for discovery and accommodate the court’s schedule.
You might still reach a settlement before the trial date. In Texas, many civil cases settle out of court after your lawyer files a lawsuit and before the court date arrives. Nevertheless, proceeding with the litigation process adds to how long a car settlement takes.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
The Wait Between a Verdict or Settlement Agreement and When You Receive Compensation
Supposing a court case or negotiation ends in a verdict or an agreement to settle, insurance companies are required to process payments within 5 days. However, you will not receive the funds immediately. Apart from the wait for payments to clear through the banking system, various administrative tasks must still be completed:
Before distributing your settlement proceeds, your attorney will typically resolve valid medical liens, pay outstanding case expenses, and deduct any agreed contingency fees.
This process usually takes a few weeks to complete. Your wait is brief and ends with the receipt of your final net distribution check. The lawyers of Carrigan & Anderson, PLLC will explain how it all works before you agree to an attorney-client relationship, so it’s unlikely there will be any surprises.
Get Answers to Your Car Accident Claim Questions Today
Whether you’ve just been involved in a car accident and need advice or are already struggling with insurance claims, consider consulting Carrigan & Anderson, PLLC.
Every car accident claim is different, and how long a car settlement takes depends on the unique facts of your case. Whether you need help dealing with the insurance company or want to understand what to expect next, we are here to help. Your initial consultation is free.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
