How Long Does It Take to Get A Personal Injury Settlement Check

If you or a loved one have been injured due to someone else’s negligence, you may have a personal injury claim that can be resolved through settlement. The time it takes to settle can vary significantly with every case, but understanding the factors that may be involved can help you set realistic expectations. A Charleston, WV, personal injury attorney can also help you pursue compensation and assess how long it may take to get a personal injury settlement check.

Factors Influencing the Settlement Timeline in Charleston

Most personal injury cases are settled before trial, but several factors can affect how long it may take to reach a settlement agreement and get a check. Some of the most common factors include:

1. The Complexity of Your Case

The complexity of your personal injury case is a primary factor affecting the settlement timeline. Complex cases may involve several victims, multi-party liability, or disputed facts that require longer investigations. They could also involve more significant economic and non-economic damages. This could require more time to gather evidence, retain experts, and negotiate toward a settlement.

2. The Severity of Your Injuries

The severity of your injuries in the accident will also significantly impact the settlement process. Severe injuries typically result in higher medical costs, longer treatment, and more serious disability. It is generally recommended to wait until you reach maximum medical improvement or recover as fully as possible before settling a claim. This lets you understand the long-term implications of your injuries so you know whether compensation from a settlement will be adequate.

3. Comparative Fault

West Virginia operates under a modified comparative negligence system. This means that the compensation you can receive will be reduced by your percentage of fault in the accident, and if you are found to be 51 percent or more at fault, you will be barred from recovering any compensation. Determining the degree of fault can be a contentious process. It may involve analyzing accident reports and witness statements or even retaining experts. This can significantly lengthen the time it takes to negotiate a settlement.

The Settlement Process in Charleston

Settling is typically the result of negotiations between you and your attorney and the at-fault party and their insurance company. All parties must agree to the terms of a settlement, which is then legally binding. The main steps in the settlement process include:

1. Settlement Agreement and Release

After agreeing to a settlement, the first step is to sign a release form. This typically states that you agree to accept the settlement amount in exchange for dropping further claims related to the accident. A Charleston personal injury lawyer can thoroughly review draft settlement agreements to keep the terms fair.

2. Processing the Release

The release will be submitted back to the insurer or at-fault party’s lawyer after you sign it. They then sign themselves and process it. This step can take anywhere from a few days to several weeks, depending on the efficiency of the involved parties and the complexity of your case.

3. Issuing the Settlement Check

The insurance company or at-fault party will issue a settlement check after processing the release. Settlement checks are typically sent to your attorney’s office via certified or overnight mail. The time it takes to issue the check can vary but may take two to six weeks. Your attorney will then make deductions for potential liens, contingency fees, and other expenses before the final settlement amount is paid to you.

Injured in Charleston? Schedule A Consultation With A Charleston Personal Injury Lawyer

If you or a loved one have been involved in an accident due to someone else’s negligence, the Charleston personal injury lawyers at Farmer, Cline & Campbell, PLLC, may be able to help you pursue a settlement. The time it takes to reach a personal injury settlement and receive a check varies with every case, but a lawyer can evaluate the factors that may influence settlement in yours. Schedule a free consultation today to discuss your case and potential compensation.

Contact the Personal Injury Law Firm of Farmer, Cline & Campbell, PLLC for Help Today

For more information, please contact an experienced personal injury lawyer at Farmer, Cline & Campbell, PLLC, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.

Farmer, Cline & Campbell, PLLC – Charleston
746 Myrtle Rd
Charleston, WV 25314

(304) 346-5990

Farmer, Cline & Campbell, PLLC – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801

(304) 252-5990 

Farmer, Cline & Campbell, PLLC – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505

(304) 225-5990