How long it will take to get a settlement and a check depends upon three major factors:

  • Treatment must be completed, or maximum medical improvement must occur. After a car accident with serious injuries, it could take weeks or months for you to complete your treatments, or to attain maximum medical improvement. It is important to wait until one of these occur; you do not want to take a quick settlement immediately after the accident, only to discover that your ‘minor neck pain’ turns out to be a ruptured disc that take a year to fully heal.
  • All medical bills and records must be obtained. To get the case settled faster, it is critical to have all your medical records and bills delivered to your attorney ASAP. Settlement before a lawsuit is almost always based solely on what is in your medical records and medical bills. How those records reflect on the nature and state of your injuries are the most variable part that insurance companies will use to determine what the value of the claim is.
  • Waiting for a response from demand letter. After your attorney sends a settlement demand with all relevant records and bills to settle the claim, the insurance company needs time to evaluate it. Most claims should not take more than three weeks, but it can. Your attorney will need to follow up with the insurer to keep your case at the head of the line. According to some attorneys, it is common for the insurance company to have a settlement offer within 60 days.

Bear in mind that some insurance companies will start to drag their feet once the settlement has been resolved. Good attorneys stay on top of the company to make sure you get that settlement check as soon as possible.