Filing a personal injury claim can help injured parties get the compensation they deserve for their injuries.
An experienced personal injury attorney can help clients receive their settlement as quickly as possible, but clients should be aware that due to the circumstances of each case, a settlement can take several months or years to obtain.
The attorneys of Burke Law would like to take a moment to consider how long it can take to get your personal injury settlement. If you live in or around Orange County, CA and would like a more detailed settlement timeline, we invite you to schedule an appointment.
Why Do Some Settlement Payments Take a Long Time?
A personal injury case may take a few months or several years to reach a settlement and disburse settlement funds. Although each case is different, there are some common factors that prolong the process.
Large sums of money, factual problems with the case, or injuries still requiring treatment can delay the settlement and payment of funds.
Large Damages Can Lead to Delayed Payment
Of course, getting the most compensation for a victim's injuries is the desired outcome in a personal injury case, but it should be noted that large settlements can take a long time to receive. With that said, victims shouldn't let that deter them from seeking the damages that they are due.
The primary reasons large settlements can take longer is that insurers will delay payment until they have fully investigated the injury and circumstances to evaluate liability and damages.
Difficulties Determining Liability Can Delay Settlement Payment
When it comes to personal injury cases, determining liability and whether the plaintiff's injury or accident was caused by the negligence of another party is key to obtaining a reasonable settlement.
If negligence or liability is difficult to prove, the insurer is often less inclined to make a reasonable settlement offer and may try to low ball the plaintiff. This can lead to a longer legal battle, further delaying receipt of a settlement.
Seeking a Settlement While Still Receiving Medical Treatment
Obtaining a settlement while still being treated for injuries can lead to a plaintiff receiving less compensation. First, we want to know the full extent and repercussions of the injury.
Although waiting to come to a settlement agreement until a plaintiff is recovered can delay settlement funds, it allows the plaintiff to seek damages appropriate to the costs of medical treatment, lost wages, and other related damages.
How Long Does it Take to Get a Settlement Injury Check?
The process of agreeing to a settlement will vary depending on each case, but once a settlement is agreed upon and the settlement process is completed, payment is generally received shortly later.
Completing the settlement process itself can take several weeks, sometimes as much as six weeks. As part of completing the settlement, the injured party will be required to sign a variety of legal documents. Once these documents are returned to the insurance company, the settlement will be paid.
In most cases, the settlement check is sent to the plaintiff's attorney so that any medical bills, attorney's fees, or other costs related to the claim can be paid. Once paid, the plaintiff will receive the remaining balance from his or her attorney.
Contact the Law Offices of Sean M. Burke
If you or a loved one needs to file a personal injury claim, the personal injury attorneys at Burke Law can help. To learn more about your legal options and to schedule a consultation, we welcome you to call (949) 644-3434.