How Long Does it Take to Get a Personal Injury Settlement Check?
A settlement is an agreement that ends a legal dispute. A settlement check is a payment for damages in a personal injury case. The question of how long it takes to get a personal injury settlement check depends on several factors.
The timeline for settlement of a personal injury case depends on the circumstances of the case. It also depends significantly on the parties involved and the dispute. When the parties disagree on the facts of the case and who is liable for causing the accident or injury, it could take years to settle.
Our Boston personal injury lawyers work diligently to settle your claim as quickly as possible. However, we do not want to take shortcuts or rush through an investigation or negotiations. Rushing a case could result in a much lower amount for your settlement check.
Below are several factors that impact how long it could be before you receive your settlement check.
The Duration of Your Recovery
Your damages for a personal injury claim include medical expenses, income loss, personal care, and other economic losses. Until your doctor states that you have completely recovered or reached maximum medical improvement, we cannot know the total of your economic damages.
Furthermore, until you complete your treatment, your doctor cannot state whether you sustained a permanent impairment or disability. Disabilities and impairments increase the value of your personal injury claim.
Therefore, it’s best not to settle your injury claim until you complete medical treatment. After you complete treatment, your attorney may need to consult medical specialists and experts to determine the extent of your damages. This process could take time and is wholly dependent on the severity and type of your injuries and your progress throughout your recovery.
The Length of the Investigation
In some cases, an accident investigation may be completed in a few months. In other cases, it could take a year or longer to complete the investigation. Cases that often have lengthy investigations include product liability cases, premises liability claims, commercial truck accidents, medical malpractice claims, and construction accidents.
A complete investigation is essential for several reasons. We need to determine the cause of your injury to identify the parties who are liable for your damages. We must also collect evidence proving negligence and fault before you can recover compensation for your injuries and damages.
Our legal team completes a thorough investigation to ensure we do not overlook any detail that could increase your injury claim’s value.
Disputes Regarding Liability and Damages
The other party may dispute liability for your injuries and damages. They could dispute your damages, even if they accept liability. Disputes over liability and damages lengthen the time it takes to receive a settlement check.
We may need to spend several months negotiating with the other party to obtain a fair settlement offer. If the other party raises allegations of comparative negligence, we may need to discuss filing a personal injury lawsuit to argue the matter in court.
Medical Liens and Subrogation Claims
Even after we settle your personal injury claim, it could take several months for you to receive a settlement check. If you owe outstanding medical bills or medical liens, those bills and liens must be paid before you receive any money from the settlement.
Your health insurance provider may have a subrogation lien. A subrogation lien is a lien on the settlement proceeds for payments made to medical providers for injuries related to the personal injury claim. In other words, the insurance company demands reimbursement for the medical bills it paid related to your accident.
Our legal team tries to negotiate a lower payment for medical liens to put more money in your pocket. The process of confirming medical liens and subrogation claims, negotiating lower payments, and paying the debts can take several months. However, the delay can be worth thousands of dollars for you if we can negotiate lower payments.
Patience is Difficult But Often Rewarded
It can be difficult to be patient while waiting for your personal injury case to settle. However, your personal injury attorney is doing everything possible to get you the highest settlement amount available for your personal injury claim.
Allowing your attorney the time to fight for your right to fair settlement can result in a larger payout for you. As soon as we complete an accounting and pay all outstanding medical bills, subrogation claims, and the costs and fees for the case, we can issue you a settlement check for the proceeds of your personal injury case.