Michael D. Kelly, ESQ 
After car accidents, the question our clients ask us most often is, “How long does it take to settle a car accident claim?” Whether it’s a minor accident or a more complex personal injury case, a settlement can be reached in between six and nine months.
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 $8,000 per person, and insurance providers are often 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.
Typical Car Accident Settlement Timeline
The exact duration can differ from case to case, but here’s a general settlement timeline in car accident cases:
- Medical treatment: From immediately to a couple of years.
- Case investigation: 1-8 weeks.
- Claim submission: 1-15 days.
- Settlement negotiations: A few weeks to several months.
- Settlement formalization: Several days to a few weeks.
- Payout issued and deposited: 1-4 weeks.
- The settlement check cleared, and the funds distributed: 1-2 weeks.
- Car accident lawsuit: Several months to years.
- Discovery, mediation, trial: 6-12 months.
- Verdict and final settlement: Depends on the complexity of the crash.
Initial Injury Claim Notice and Case Investigation
The injured person has to prove that the other party is at fault for the car crash. You have to examine the accident scene, obtain police records, speak with witnesses for their accounts, and gather additional proof that can strengthen your claim or personal injury lawsuit. Once you have sufficient evidence, you need to send a demand letter to the at-fault party or their insurer.
Hiring an experienced car accident lawyer helps make the process faster and more effective. They negotiate with the defendant’s insurance company and your insurer, if necessary, handling their manipulative tactics aimed at minimizing payouts.
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 you need more surgeries or other medical manipulations. In that case, you can ask your doctor to provide an official estimation of the future medical expenses. It is always a good idea to consult car accident lawyers to avoid potential implications.
Medical Bills and Records as a Settlement Leverage
Personal injuries often form the foundation of a car accident claim. This makes it critical to collect bills and other documents that show the extent and impact of your injury. You will need a complete summary of all treatment received, as well as any relevant doctor’s notes, prescriptions, hospital records, and bills.
Severe injuries, such as spinal cord injury, may require further medical attention in the future, which should be considered in compensation estimates. This is equally true for non-economic damages, like pain and suffering and loss of enjoyment of life.
Other Documents That Strengthen the Claim
You may also need to prepare other documents to make sure your car accident case covers all types of damages. These may include:
- Employment records
- Proof of lost wages or decreased earning potential
- Bills to prove any costs related to the crash
- Insurance declarations.
If your insurance company or the hospital covered some costs after the accident, they have the right to place liens to reclaim their expenses. This means you might have to pay those amounts from your compensation.
Getting all the necessary documents will let you include the summarized liens in the requested compensation. A skilled Boston car accident lawyer can assist you with obtaining such records.
Initiating the Settlement Process: Demand Letter
After you collect all paperwork, arrange and prepare evidence, and determine the compensation amount, it’s time to start the process by presenting a settlement demand. This must be done within three years of the date of the incident.
A demand letter explains the details and circumstances of the car accident and makes clear why you should get paid the amount requested. This document can be a strategic benefit — but it can also be the reason for claim denial. A skilled personal injury attorney knows how to write a letter that leads to fair compensation.
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Sitting at the Settlement Negotiation Table
After receiving the demand letter, the insurance carrier takes time to review it. This is the stage when strategies collide. As a professional personal injury lawyer will overestimate the claim’s value, so will the insurance company try to underestimate it.
Don’t be surprised by their initial offer — it will be less than what the insurance company has to pay you. Initial amounts are often lower than the average car accident settlement. Insurance adjusters also leave room 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
At this stage, the car accident victim and the insurance company reach a mutually agreeable solution. You should be presented with a contract for settlement that requires signatures from both parties. Then, you should also sign the Release of Claims, which waives your right to seek more payment from the at-fault party’s insurer.
Finally, you will receive a check from the insurance company. Some part of the funds will cover medical liens, the car accident lawyer cost, and other related expenses, and the remaining money will be given to you.
When Negotiations Fail: The Trial Process
Sometimes, the parties can’t reach an agreement. For example, the insurance company might dispute the plaintiff’s liability or question whether the injury was a direct consequence of the car accident. In such a situation, you may bring your claim to the court.
When you file a lawsuit, it’s necessary to show clear proof of your damages. The litigation process can be long and complex. However, there is potential for receiving greater compensation, especially if you’re represented by car accident lawyers experienced in the trial process.
Main Factors That Impact the Settlement Timeline
Settlements don’t have precise timelines. Certain factors may accelerate the process, while others can slow it down. For example:
- Recovery time: Serious injuries require more time for healing. The more time you require to recover, the longer the process will be.
- Liability conflicts: If you’ve been in a hit-and-run accident, had a crash with several parties involved, or share part of the responsibility, establishing liability takes more time.
- The accident severity: The investigation of crashes with multiple vehicles, catastrophic injuries, or other complications takes more time.
- Having legal representation: Cooperating with a skilled lawyer specialized in car accidents can make the entire process faster and more effective.
Tips on How to Accelerate a Settlement Claim in Massachusetts
Sometimes, it may seem that the settlement process will never end. Here are some useful recommendations to make it faster:
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Don’t delay your visit to the doctor
Medical records will show the connection between your injuries and the accident.
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Avoid apologizing or admitting your fault
Even if it’s unintentional, these words might be used against you in the future.
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Consult a lawyer
Many law firms in Massachusetts, such as Michael Kelly Injury Lawyers, provide free case reviews. This will help you know the right steps to take after the accident.
Struggling with a Car Accident Claim? Schedule a Free Case Evaluation Today!
A car accident can become an endless source of overwhelming challenges, from painful injuries to intricate insurance policy loopholes. 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, no-obligation consultation, and together we’ll optimize your settlement potential!
