One of the most frequently asked questions from car accident victims outside of whether they have a case and what their potential case may be worth is this: how long is this going to take?
Table of Contents
- What Is a Settlement Check?
- What Are Both Parties Agreeing to When they Decide to Settle?
- Why Do Most Car Accident Cases Settle?
- Your Settlement Check Process Explained
- What Happens After You Agree to a Settlement of Your Car Crash Claim?
- How Long Does It Take to Receive a Settlement Check in Harrisburg?
- How Can I Speed Up the Settlement Check Process?
- Why You Should Not Accept the First Settlement Offer?
- What if the Insurance Company and Your Lawyer Cannot Reach an Agreement?
- Did You Receive a Low Settlement Offer? Call Schmidt Kramer for Help
Below, our Harrisburg car accident attorneys explain how long it takes to get a car crash settlement check and lay out the steps in the settlement check process. This includes the steps between reaching agreement on a settlement and receiving a check or wire transfer with your compensation.
Schmidt Kramer has over 30 years of experience helping car crash victims in Pennsylvania protect their rights and secure favorable settlements. We are here to support and guide victims throughout the settlement check process.
Schmidt Kramer. Millions Recovered. Zero Upfront Costs. Call (717) 510-1770.
What Is a Settlement Check?
A settlement check is the payment you receive after resolving a lawsuit or legal dispute. This check represents the agreed-upon amount to compensate for damages, injuries or other relevant losses you have suffered.
What Are Both Parties Agreeing to When they Decide to Settle?
Settlements are agreements between two parties, often an injured victim and an insurance company. In Pennsylvania, car crash victims often reach settlements with their own insurance companies, as we are a no-fault state.
Both parties give up something in return for something they want. The crash victim gives up the right to seek more compensation from the insurance company, either through another claim or a lawsuit. In exchange, the victim receives compensation for damages suffered in the Harrisburg crash.
The insurance company is released from any further liability for the accident. In exchange, the insurance company pays money to the victim. The insurance company also does not need to worry about any future lawsuits or claims.
Why Do Most Car Accident Cases Settle?
Insurance companies would prefer to avoid the courtroom, as juries could award much more compensation than insurers would need to pay out in a settlement. Going to court is also expensive.
Crash victims often settle because their lawyers can secure the compensation they need through negotiation. Going to court carries some amount of uncertainty. While you could receive more compensation than you would get in a settlement, you could also lose and get nothing.
Schmidt Kramer’s experienced Harrisburg attorneys are always prepared to go to court. However, we do not file lawsuits unless we think we have a strong case that is likely to result in a favorable outcome.
Your Settlement Check Process Explained
There are numerous steps in a car accident claim/settlement check process:
The Crash Happens
You could say that the process begins with the accident itself. The police come to the scene to investigate and complete a report. The report may include statements from witnesses. The victim may take some pictures with his or her smartphone.
Medical Treatment
The next step is often the victim going to the hospital for medical treatment. Although some victims may wait a few days to seek treatment, as their symptoms may not come on too strong at first.
Filing an Insurance Claim or Calling a Lawyer
After the victim seeks treatment, he or she may file an insurance claim or contact a lawyer. Sometimes victims contact a lawyer after already filing an insurance claim.
Investigating the Accident
The insurance company and the victim’s attorney investigate the accident. They review the available evidence, such as the police report, traffic camera footage, witness statements and statements from the victim. The insurance company is looking for reasons to deny liability while the victim’s attorney is looking to bolster his or her client’s case for compensation.
Continuing Medical Treatment/Initial Settlement Offers
Meanwhile, the victim focuses on getting medical treatment and making the best recovery possible. During this time, the insurance company may offer a settlement, either to the victim’s attorney or the victim.
Reaching Maximum Medical Improvement/Sending a Demand Letter
Typically, your Harrisburg lawyer does not send a demand letter until you have reached maximum medical improvement, or your injuries have fully healed. Once you reach this point, your lawyer can determine how much compensation you need, as doctors can determine if you need ongoing treatment and how much this is likely to cost.
The demand letter explains why the insurance company should be held liable for the victim’s damages, provides a detailed accounting of the damages you are seeking, and tells the insurer what will happen if the demands are not met.
Settlement Negotiations
You can think of sending the demand letter as the first step in negotiating for compensation. Insurance companies rarely agree to the demands in a demand letter. The insurance company may make a counteroffer or deny the claim. If they make a counteroffer, your lawyer may make another offer. This could happen numerous times before both sides reach an agreement.
Reaching Agreement on a Settlement
You may think the process will be complete in short order after you agree to a settlement. However, there are still many steps between agreeing to a settlement and having a settlement check in your hand or seeing the funds in your bank account.
Settlement Agreement
Once a settlement is reached, your lawyer will review all documents to ensure all terms are clear and agreed upon by both parties. This includes the compensation amount and any other conditions.
What Happens After You Agree to a Settlement of Your Car Crash Claim?
Once both sides agree to a settlement, they must put it into writing to make it official. That means both sides must review the settlement document and sign it.
These documents are prepared by the liable insurance company. They state the specific terms of the settlement (you release the insurance company from future liability, the insurance company does not admit fault, etc.), including the amount of compensation that will be paid out.
Reviewing Settlement Documents
Your lawyer needs to read through the settlement to make sure the terms are favorable to you. For instance, the settlement should protect confidential information that came out during the legal process and explain what you need to do to resolve disputes that may arise.
If your lawyer discovers any issues, the insurance company may need to revise the document to reflect the changes your lawyer wants.
The Defendant/Insurance Company Issues a Check
Once your lawyer sends the signed documents over to the insurance company, they should promptly cut a check and send it back to your lawyer’s office. They have a duty to take prompt action to resolve the case, but sometimes there are delays.
Paying Any Liens on the Settlement
Car accident settlements often have liens, such as medical liens from doctor’s offices or hospitals. When the check arrives at your attorney’s office, it is placed into a trust account. Your lawyer uses the account to pay off these liens.
Crash victims could also have liens for child support, creditors or government authorities. You should tell your lawyer about any debts you owe that could affect your settlement. That way your lawyer can resolve them at this stage of the process.
Payment of Contingency Fees
After taking care of any liens, your lawyer deducts contingency fees from the settlement. These are the costs your lawyer fronted while pursuing your settlement. At Schmidt Kramer, we review the contingency fee arrangement with our clients, so they understand how we are reimbursed for representing them.
The Victim Receives the Settlement
This is the end of the process. Your attorney either sends you a check or arranges a wire transfer to deposit the money into the account of your choice.
How Long Does It Take to Receive a Settlement Check in Harrisburg?
It could take anywhere from six months to a year or more. After you agree to a settlement, it could take anywhere from two to six weeks to receive compensation.
The timeline varies based on any number of factors, including:
Severity of Injuries
It takes longer for victims with severe injuries to reach maximum medical improvement, which delays settlement negotiations. Doctors and attorneys cannot assess the full extent of your medical needs and future expenses until your treatment is complete.
Complexity of the Case
Complex cases involving disputed liability or multiple parties, such as a multi-car pileup where each driver blames the others, often take longer to resolve. This is because the investigation takes longer.
Insurance Company Response
Insurance companies may delay the process by requesting additional information or conducting prolonged investigations.
Delays From the Bank
Banks may take longer to clear large settlements. Even sending the money by wire can take time, as banks must follow various procedures for clearing these funds.
Disputes About Liens
Creditors or other lienholders may dispute the amount you plan to pay them. You may even dispute whether you owe certain medical bills.
Your Settlement Requires Court Approval
If you are filing a claim on behalf of a minor child, you may be required to receive court approval. This is to ensure the settlements serve the child’s interests.
How Can I Speed Up the Settlement Check Process?
Some car accident claims are going to take a while to resolve. There is not much you can do to speed things up.
However, there are some things you can do that may shave off hours or days. These steps may include:
- Return your lawyer’s phone calls and emails as quickly as possible
- Provide all the information your attorney needs as soon as you are able
- Stick to the doctor’s treatment plan and abide by restrictions on working or physical activity
Why You Should Not Accept the First Settlement Offer?
The insurance company’s first offer is often far lower than the full value of the claim. That is why insurance companies want to rush you into accepting it before you have a chance to hire a lawyer who could negotiate for more money.
This is why it is often best to reject the first offer. This gives you the chance to negotiate for a higher amount that better reflects your actual losses.
It is crucial to wait until you fully understand the extent of your injuries and damages before accepting any offer, as this allows you to ensure that all your needs and future costs are considered.
What if the Insurance Company and Your Lawyer Cannot Reach an Agreement?
Most demand letters say that if the demands are not met, the lawyer will file a lawsuit to seek compensation.
If the insurance company does not budge from its decision to deny your claim, or they do not increase their offer of compensation, your lawyer may file a lawsuit. This is particularly likely if you are nearing the statute of limitations.
As both sides prepare to go to court, they may go through alternative dispute resolution, as a last-ditch effort to avoid a trial. If this does not result in a settlement, the case will proceed to a trial and be put in the hands of a jury.
Did You Receive a Low Settlement Offer? Call Schmidt Kramer for Help
If you are having trouble reaching a fair settlement with the insurance company, Schmidt Kramer is here to help.
We have more than 30 years of experience and have recovered more than $100 million for our clients. We offer free initial consultations and charge no upfront fees.
Call today to review your legal options: (717) 510-1770.