Why is your car accident case taking so long? An auto accident case timeline...
After a car accident, you probably have 2 priorities:
- Recovering from your injuries, and
- Paying for your treatment.
Hopefully, the physical recovery happens quickly. But the reality for many folks is that some injuries could take weeks, months, or even years to resolve (and some leave you with life-long complications or disabilities). And almost as soon as you're ready to begin thinking about moving forward, you are likely faced with what could be the start of many, many bills for your treatment and related expenses.
So, what do you do?
You don't want to go into debt for an accident that wasn't your fault, but you also might not have the resources to pay for all of these expenses—particularly if your injuries left you unable to return to work.
Depending on the specifics of how your accident happened, whether your state is an at-fault or no-fault jurisdiction, and the severity of your injuries, there's a general timeline for when you can expect to receive damages (financial compensation for your losses).
Process and timeline for seeking damages after a car accident
| Immediately following the accident |
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| Timing: Immediately |
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| Timing: Immediately (or within a few days, as soon as possible) |
| 1-6 months after the accident |
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| Timing: Within a month or 2 (as soon as possible) |
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| Timing: 3-6 months |
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| Timing: 4-6 weeks for response |
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| Timing: 2-4 weeks for response |
| 6-12 months after the accident |
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| Timing: Up to a year |
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| Timing: A few weeks to a few months |
| Approximately 1 year after the accident |
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| Timing: A few days to a week |
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When to expect a settlement check
If you reach a settlement with the insurance company, it can still take several months to receive a check. The following factors can affect how long this process takes:
- You likely need to sign several releases (that you've agreed to the settlement), usually before a notary, before the insurance company will issue a check.
- The insurance company accounting department could take some time (bureaucratic "red tape").
- Mail. Again, a large company doesn't just stick a check in the mail. Everything takes processing time. Nowadays, the postal service, itself, is a little slower than it used to be.
- There could be a bank hold on the check that takes a few days to clear.
- If the insurance company is directly reimbursing medical providers, it will sometimes delay the release of funds for other damages until treatment is complete.
- If your lawyer receives the check on your behalf, they usually wait until the check clears before they disburse the money to you.
If you're issued a judgment, you still have to be patient. Before filing the lawsuit, your lawyer probably ran a credit and asset check on the defendant to see if it's "worth it" to file a lawsuit. If the defendant has no money, they have no way to pay a judgment.
There are 2 ways to recover money from a judgment who won't pay:
- Lien on property. If your lawyer learns that the defendant owns some assets, they can file a lien against the defendant's property so the assets are frozen (i.e. can't be sold or spent) during the course of the lawsuit. Once a judgment is filed, the defendant isn't required to sell their property immediately. When they do sell the property, though, you'd be paid out of their proceeds from the sale.
- Payment plan. If the defendant has some money but not enough to pay the judgment immediately, the court could set up a payment plan so the defendant pays you a small amount per week or per month.
What you should know before your lawyer files a lawsuit
It takes time.
Yes, it's reasonable to expect that your lawyer will work diligently to reach a settlement and get your compensation paid as quickly as possible... but there are factors that aren't within their control. So much of litigation is tied to the old phrase, "Hurry up and wait." Your lawyer should be meeting deadlines for motions and pleadings, but they also have to wait for the opposition to respond. If the opposing counsel is less diligent, it can delay the process.
Plus, most court systems nowadays are busy. They might be dealing with a massive case backlog, particularly in the post-pandemic world. Even under normal circumstances, it can take months for your trial to reach a courtroom. Be patient with your lawyer and with the process, even though it's going to be hard.