Michael D. Kelly, ESQ 
After being involved in a motor vehicle collision, the most frequently asked question that our legal team receives is, “How long do car accident settlements take?” On average, a minor accident or a more serious personal injury claim, can take between half a year and nine months to settle.
In some cases, it is possible to receive partial compensation in Massachusetts within 30 days from the day of the accident on account of the Personal Injury Protection policy, which is mandatory under the state law. However, it is limited to $8K per person, and insurance providers are more than reluctant to grant it in full and on time.
Knowing your options and understanding the timeline will ensure that you don’t settle too soon and for less than you deserve.
Average Car Accident Settlement Timeline
Although the precise timeframe may vary from case to case, the timeline often looks like this:
| Steps | Estimated time | Description |
| Medical treatment
|
Immediately to a couple of years | The period starts with the car crash and ends when the victim fully recovers or reaches the point of maximum medical improvement. |
| Case investigation | 1-8 weeks | The car accident case is assessed from multiple angles, including police reports, medical records, witness statements, and other evidence collected and organized. |
| Car accident claim submission | 1-15 days | A formal request is submitted. |
| Settlement negotiations | A few weeks to several months | Insurance providers and the plaintiff or their legal representative negotiate a fair compensation based on the available proof, along with the sustained damages. |
| Settlement reached | Several days to a few weeks | Both parties agree on the final settlement amount. |
| Payout issued and deposited | 1-4 weeks | The insurance company processes the payouts. |
| The settlement check cleared, and the funds were distributed | 1-2 weeks | Once the settlement check is deposited into the car accident lawyer’s trust account, funds are used to pay medical liens, attorney fees, and costs before the remaining amount is disbursed to the client. |
| Car accident lawsuit | Several months to years | If the parties do not agree on the settlement, the lawsuit is initiated. |
| Discovery, mediation, trial | 6-12 months | Parties or their legal advisors exchange evidence, depositions, and statements. The court may assign mediators to evaluate the car accident case. |
| Verdict and final settlement | N/A, depends on the severity of the accident | If the court awards the settlement, the process ends. However, in case the appeal is initiated, the timeline expands. |
Initial Injury Claim Notice and Case Investigation
An injured person has to prove that the other party involved in a car accident is responsible for it. Therefore, the victim is eligible for rightful compensation. That is why you will have to investigate the scene of the accident. You can obtain police reports, take witness statements, and collect other evidence that can solidify the personal injury case. Succeeding with that may be pretty challenging, especially if the incident puts you in the hospital.
Thus, hiring a skilled car accident lawyer helps to make the process speedier and more efficient. Not to mention that the insurance adjusters will take on their investigation, and a trained legal assistant is usually aware of their tricks and strategies that may compromise your claim.
Complete Injury Treatment
It is advised not to agree to any settlement offer before you finish your medical treatment. After a full recovery or, in most serious cases, maximum medical improvement — meaning that the victim requires ongoing medical care — you can proceed with the settlement. Suppose you don’t want to postpone the process, but there are upcoming surgeries or other medical manipulations waiting for you.
In that case, you can ask your doctor to provide an official and approved estimation of future medical expenses you will face. It is always a good idea to consult a trained personal injury attorney to avoid potential implications.
Medical Bills and Records as a Settlement Leverage
Very often, personal injuries are the core of an average car accident claim. That is why it is so important to obtain relevant bills and records that back up the sustained traumas as well as their impact on the victim’s life. Some previous medical records may have already been submitted, but you will need an all-encompassing treatment overview. In addition to medical records, other critical elements like lost wages due to time away from work should be carefully documented to support the total value of your claim.
You should provide detailed hospital logs, treatment notes, prescriptions, therapy session updates, and expert opinions. Serious injuries, like spinal cord damage, will require future medical care, which should be taken into account before finalizing compensation calculations. The same goes for such intangible harm as physical pain and suffering.
Other Documents That Strengthen The Claim
On top of all the medically relevant proof, it is advised to introduce other legally important documents to win your car accident case. These include, but aren’t limited to, employment records, proof of lost income, and insurance declarations. Keep in mind that insurance companies hold the right to reimbursement if they issued any payouts after you’ve been in a car crash.
This means that health insurance providers or medical institutions may place liens to recover costs they covered after your accident, which can affect your final payout. Gaining access to such documents will help you factor the summarized liens into the requested compensation and recover your losses in full. A committed Boston car accident lawyer can help you obtain such otherwise inaccessible records.
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Formalizing the Settlement Process: Demand Letter
A settlement demand is what makes your claim unquestionably official. After you gather all the documents, organize and structure the evidence, and calculate the average car accident settlement you want to recover, it is time to set the process in motion.
A demand letter recounts all the details and circumstances of the car accident you’ve been in and explains why you should be compensated in the claimed amount. It is worth noting that a trained attorney will always set the settlement limit a little higher to leave room for negotiations and fair reimbursement.
Sitting at the Settlement Negotiation Table
It is easy to underestimate the negotiation process if you have little experience in the field. However, this is the stage when strategies collide. As a professional personal injury lawyer will overestimate the worth of the car accident claim, so will the insurance company try to underestimate it. After receiving the demand letter, the insurance carrier takes time to review it.
When you receive a response, you shouldn’t be surprised by their initial offer — it will be less than what an insurance provider has to pay you. Insurance companies also leave for negotiations so that the counteroffers will go back and forth a few times. That is one of the primary reasons not to agree to the first compensation offer you receive.
Finalizing the Paperwork: Vital Settlement Documents
In this case, the accident victim and the insurer find a mutually satisfactory compromise, and they seal the deal. However, there are a few essential nuances to keep in mind. You must be offered to sign a two-sided settlement agreement. After it is agreed upon, the injured party typically signs a Release of Claims, a separate document that waives the person’s right to pursue further compensation from the at-fault party’s insurance company after the settlement is finalized.
When the agreement is finalized, the insurance carrier will issue a check. Once the check is deposited into the attorney’s trust account, the settlement proceeds are used to pay medical liens, car accident lawyer cost, and other related costs before the remaining funds are disbursed to you. This ensures all necessary financial obligations are resolved before you receive the net compensation.
Trial: When Negotiations Fail
Sometimes the parties can’t arrive at a settlement that would suffice for both. There are different reasons for such disputes. The carriers may argue the plaintiff’s liability or doubt whether the claimed trauma was a direct result of the auto accident. In that case, you can take the car accident claim to court and try to resolve it there.
When you file a lawsuit, you will have to present palpable evidence of the damages the accident inflicted on your life. Usually, the litigation process is longer and more complicated, but if you are right, you can expect to obtain more substantial compensation for your losses. However, it may take proper legal backup to succeed.
Main Factors That Critically Impact the Car Accident Settlement Timeline
A car accident settlement does not follow a precise timeline. Some things can speed things up, while others will make the process stall. For instance:
- Recovery time: Severe injuries usually take longer to heal than a few minor scrapes and bruises. The more time the accident victim spends in recovery, the longer the process will take. However, you wouldn’t want to settle your claim before receiving the full scale of medical treatment you require.
- Liability disputes: Some car accidents are swift and straightforward because there are no parties pointing fingers. However, if you’ve been in a hit-and-run accident or there’s little evidence proving negligence of the driver responsible for the crash, the process will take time to finalize.
- Scale of the accident: The more parties are involved in the incident, the more time-consuming the investigation and final ruling will be. Additionally, collisions involving commercial vehicles present numerous challenges that must be addressed in order to obtain fair reimbursement for the incurred losses, which also lengthens the settlement timeframe.
- Presence of liens: Some insurers put considerable liens on car accident claims. The main aim of such actions is to reclaim the worth of the provided or covered medical services. You can argue and dispute those as well, but it takes time.
- Claim vs. lawsuit: While often used interchangeably, a claim refers to the process of seeking compensation from an insurance company without court involvement. A lawsuit begins when a formal legal complaint is filed in court because a settlement couldn’t be reached through the claim process.
- Legal representation: Working with a trained car accident attorney can streamline and speed up the process. Legal representatives know all the deadlines, handle the paperwork swiftly, and can deflect the opponent’s stalling strategies.
Tips on How to Accelerate a Settlement Claim in Massachusetts
At times, a settlement process might seem like a never-ending queue. It may be true if you don’t put a fair share of effort into speeding things up a little. There are a few practical tips every car accident victim can use to give the claim a palpable boost. For example:
- Don’t postpone your doctor’s visit: Timely, if not immediate, medical attention plays a critical part in the settlement game. Detailed medical records will reflect the scale of your condition, and they will prove that it wasn’t sustained before or after the accident.
- Be your true detective: The scene of the accident is often the primary source of critical evidence that can strengthen the case. Take your phone and document anything that seems relatively important, starting from your injuries and ending with the weather and road conditions.
- Avoid making statements that admit fault: You should cooperate with law enforcement, report the accident to your insurer, and gather contact details from everyone involved. However, avoid apologizing or making statements that admit fault or suggest who caused the accident — even unintentionally — as these remarks could be used against you later.
- Consult a legal representative ASAP: Massachusetts law firms like Michael Kelly Injury Lawyers offer free case evaluations these days. A simple, few-minute call will help you understand your rights and figure out how to proceed after the accident to ensure a fair and swift settlement.
Struggling with a Car Accident Claim? Schedule a Free Case Evaluation Today!
A car accident can become an endless source of overwhelming challenges, starting with painful injuries and ending with intricate loopholes every insurance policy has. Our legal team works tirelessly to rid our clients of unnecessary stress and help them recover the compensation that is rightfully theirs. Contact us for a free consultation, and together we’ll optimize your settlement potential!
