The only thing worse than fighting the San Antonio heat is sitting around wondering when you’re finally going to get that settlement check after an accident. You’ve already had to wrap your life around the physical and emotional aftermath of an accident and now you get to ask the age-old question of when will I get my settlement check?
Whether you’re recovering from a car accident or a slip and fall at the River Walk, there’s a timeline to your settlement check. This article aims to help you understand that timeline and the process from personal injury claims, to settlement, to getting that check in your hands to where it can finally help.
Understanding Personal Injury Settlements
In the simplest of terms, a personal injury settlement is an agreement reached between an injured party and the party responsible for the injury also called the at-fault party (or sometimes the insurance company). The agreement lays out the compensation for the injuries and damages suffered. The idea is that the settlement will cover a range of your expenses and the impacts of your medical bills and lost wages but also things like pain and suffering.
Personal injury claims are appropriate in a wide variety of situations. It can be car accidents or workplace accidents to accidents that take place on private or public properties. What happened and where it happened will have a significant impact on not only your claim but how long it will take to see that check.
Key Factors Influencing the Settlement Timeline
This road to settlement money can be bumpy or smooth. There are factors that will streamline the process and then factors that can delay it significantly. Your more straightforward cases show clear liability and easily document damages will often resolve much faster. The slower cases usually involve some sort of dispute over, first who is at fault, and then the extent of the injuries.
Another factor is the severity of your injuries. In order to determine the proper damages if there’s long-term or permanent injury the assessment of how this will affect your future will take some time. Both sides will want to assess the fair value according to their view. Add in the insurance company’s communication times and their willingness to settle.
In San Antonio, the local legalities and procedural requirements will add another layer to the timeline. The Texan legal process can involve mandatory mediation to very specific documentation requirements.
The Settlement Process Step-by-Step
1. Filing Your Claim
It may seem obvious, but the first step is to officially notify the at-fault party or their insurance holder of your intent. The specifics of this process will depend on the nature of your injury and the involved parties. Make sure you have prepared all the necessary documentation. These should be meticulously prepared so that your case is the best it can be. Often this initial paperwork includes the evidence of the accident, medical reports, and a detailed account of your particular damages.
2. Negotiating with the Insurance Company
The next phase can be the most disheartening. Think of it as the seemingly never-ending middle stretch of a marathon. Negotiations often start with an initial offer from the insurance company which is rarely their best or close to it. There’s a lot of back-and-forth discussions and arguments over what’s fair. This phase is better with a skilled San Antonio personal injury attorney to argue on your behalf with all the legal knowledge needed to push for a fair settlement.
3. Agreement and Release
Your finish line comes into view when the two parties finally reach an agreement. Once both parties agree to a fair settlement, it’s just a matter of signing the release form that officially closes the claim. The release form with outline the terms of the settlement and then simultaneously release the at-fault party from any further liability.
Having a knowledgeable and experienced personal injury attorney during this process is invaluable. They’re your guide and your advocate. Their expertise not only streamlines the process for you but negotiates effectively and safeguards your interests. You need someone familiar with the laws of Texas and San Antonio on your side so you can get a timely and fair settlement.
After the Settlement: Receiving Your Check
Signing the release doesn’t end the process. Next is the process of securing the funds and releasing the check.
Issuing a Settlement Check
How long the insurance company or other entity has to issue a check should be laid out in your agreement. The typical period is 30 to 60 days. This can all vary according to your particular settlement agreement and the local regulations. Texas law requires that insurance companies release a check within five business days after they’ve officially accepted liability.
Typical Wait Times in San Antonio
While Texas laws require that the insurance company release a check within five business days, there are some things that will delay that check getting into your hands. Once you’ve signed that settlement release, the insurance company will send the check to any legal representation you hired. Your lawyer will deposit the check into an escrow account on your behalf where it will sit until the legal fees and costs have been settled as well as any medical liens and subrogation claims. Once all of these monetary obligations have been settled, then your lawyer will issue you a check for the remaining funds.
Conclusion
This process has a number of nuances that can drastically change the expected timeline. Getting that personal injury settlement check in your hands is worth the wait for a fair and legal settlement that gets you the best offer possible. With a seasoned San Antonio personal injury lawyer by your side right from the start, you are carefully armed to overcome any hurdles during the process making it as smooth and painless as possible, not to mention faster. It’s a complex process to reach a resolution but getting the largest check into your hands only helps your path to recovery and peace of mind.
