Ross F. Mann | June 20, 2025 | Personal Injury
Are you tired of waiting for a settlement check after an accident or personal injury? If so, you are not alone. Most injured victims want to know why it takes so long to receive a settlement check. The timeline for a settlement check depends on the unique factors of a case.
Some injured victims may receive a settlement check in a few months after an accident. Other personal injury cases take much longer to resolve. Understanding the process of receiving a settlement check may not speed up the timeline, but it can help you know what to expect in a personal injury case.
While each case is unique, the basic steps in the settlement process for a personal injury case include:
1. Seek Medical Treatment
Seek immediate medical attention for your injuries. Delays in medical care could hurt your case. Medical records are crucial evidence that can be used to prove the type and severity of injuries. Follow your doctor’s treatment plan and keep all scheduled appointments with your doctor.
2. File an Insurance Claim
Notify the other party’s insurance company of your claim. The insurance company will likely send you a letter acknowledging your claim but reserving the right to deny the claim if there is insufficient evidence proving liability.
An insurance adjuster or claims officer may contact you for a statement. It is not in your best interest to provide a statement or answer questions without legal advice. Insurance companies tend to twist statements by injured parties to deny claims and undervalue damages.
3. Gather Evidence Proving Causation, Fault, and Liability
Injured parties have the burden of proving the legal elements to establish liability. Therefore, you need evidence proving how the accident occurred and who is responsible for causing the accident.
It can be challenging to gather evidence because of the time and cost of investigating an accident. You may want to consider hiring a personal injury lawyer to handle your claim, especially if the other party denies causing your injuries.
4. Complete Medical Treatment
The duration of your recovery is a significant factor in the process of receiving a settlement check. If you settle your claim before you complete medical treatment, you may not receive full compensation for all of your damages.
However, you also want to be mindful of the statute of limitations, or the deadline, for personal injury lawsuits. A judge could dismiss your lawsuit if you file it after the statute of limitations expires. If you sustain catastrophic injuries or permanent impairments, seeking legal advice as soon as possible can help you avoid missing the deadline to file a lawsuit.
5. Prepare a Settlement Demand Letter
Settlement demand letters provide the insurance company with information to assess your claim and generally include:
- A discussion of the facts of the case, including how the other person caused your injuries
- The legal basis for holding the other party financially responsible for damages
- A description of your injuries, including permanent impairments and disabilities
- A breakdown of your economic damages, including loss of earnings, medical expenses, and out-of-pocket expenses
- A discussion of the non-economic damages you sustained, including emotional distress, disfigurement, diminished quality of life, and pain and suffering
Finally, you include the amount you demand for settlement. The insurance company reviews your demand letter. It may accept your settlement offer, deny liability, or make a counteroffer.
6. Negotiate a Settlement Agreement
In many cases, the insurance company counters with a lower settlement amount. Back-and-forth negotiations to reach an agreement could take several weeks or months. The stronger the evidence proving your claim, the better chance you have of obtaining a fair settlement.
7. Sign a Settlement Agreement
Before the insurance company releases a settlement check, it will require you to sign a final settlement agreement and waiver. The agreement acknowledges that you agree to accept a specific amount to resolve all claims against the parties. In other words, you waive any future claims related to this incident.
Contact the Lexington Personal Injury Lawyers of Ross Mann Personal Injury Lawyers for Help Today
If you were injured in an accident in Lexington, and need legal help, contact our [PRACTICE AREA] attorneys at Ross Mann Personal Injury Lawyers, to schedule a free case review today.
We proudly serve Fayette County and the surrounding areas.
Ross Mann Personal Injury Lawyers – Lexington
501 Darby Creek Rd UNIT 48
Lexington, KY 40509
(859) 413-3900
