You have medical bills to pay, you may be missing work, and your car accident claim has been open for months. At some point, you want to know when this is going to be over and when you are going to get paid.

So, how long do car accident settlements take in Virginia? Some claims settle within a few months. Serious injury claims may take a year or longer, particularly when treatment is ongoing, fault is disputed, or a lawsuit has to be filed.

Smith Law Center has handled more than 90,000 cases, including Virginia car accident claims involving traumatic brain injuries and other serious injuries. If your claim seems to be dragging on or you are wondering whether the insurance company’s offer is coming too soon, call (757) 244-7000 for a free consultation.

What Does a Virginia Car Accident Settlement Timeline Look Like?

Most car crash claims move through the same general stages, although the time spent at each one varies:

1. Accident investigation: Determining fault, insurance coverage, and how the crash occurred.
2. Medical treatment: Learning the extent of your injuries and any future care you may need.
3. Settlement demand: Presenting the insurer with your claim for compensation.
4. Negotiations: Reviewing offers and addressing disputes over fault, injuries, or damages.
5. Lawsuit, if necessary: Filing suit when the claim cannot be resolved with the insurer.
6. Settlement and payment: Signing the release, resolving outstanding bills or liens, and distributing the settlement.

For many injured people, medical treatment accounts for much of the waiting. Settling before doctors know whether you will fully recover, need surgery, or have permanent limitations can mean valuing the claim too soon.

Why Would Your Lawyer Wait to Make a Settlement Demand?

You may already know the other driver caused the accident and have thousands of dollars in medical bills. Your lawyer still needs a clear picture of what the accident is likely to cost you.

A broken bone that heals as expected is different from a back injury that eventually requires surgery. A traumatic brain injury may cause headaches, memory problems, difficulty concentrating, or other symptoms long after the crash.

Settling while your prognosis is unclear could leave future treatment, lost earning capacity, or permanent limitations out of the calculation. Once you sign a release and settle the injury claim, you generally cannot return to the insurer if your injuries become more serious.

Smith Law Center has handled significant TBI claims arising from auto accidents, including a $7.5 million Hampton jury verdict and a $4.75 million recovery for a school librarian injured in an auto wreck. That experience is especially relevant when doctors are still determining how an injury will affect a client in the future.

What Can Make Your Car Accident Settlement Take Longer?

When people ask how long does it take for a car accident settlement, several factors can affect the answer:

• Ongoing medical treatment: Your prognosis or future needs may still be unknown.
• Disputed fault: Virginia’s contributory negligence rule makes allegations that you helped cause the crash especially significant.
• Disputed injuries: The insurer may question whether all of your treatment resulted from the accident.
• Permanent injuries: Future medical expenses and lost earning capacity may need to be evaluated.
• Multiple responsible parties: Commercial vehicle and multi-car accidents can involve several insurers.
• Insurance coverage issues: A serious injury claim may require identifying additional available coverage.
• A lawsuit: Discovery, depositions, mediation, and court scheduling take additional time.

Your attorney should be able to explain what is happening with your claim and what needs to happen before settlement negotiations can move forward.

Why Fault Can Slow Down a Virginia Settlement

Virginia’s contributory negligence rule can bar you from recovering compensation if your own negligence contributed to causing the accident.

The insurer may argue that you:

• Were speeding before the collision;
• Followed too closely to stop in time;
• Were distracted;
• Changed lanes or turned improperly; or
• Could have avoided the crash.

Resolving these allegations may require witness accounts, video, vehicle damage, photographs, or police records.

Smith Law Center has decades of experience handling Virginia auto accident claims, including cases that went to a jury. Its reported results include a $685,000 jury award for a neck injury from a car wreck and a $550,000 jury award for a broken ankle from a car wreck. Our firm has experience continuing a case when settlement negotiations do not adequately compensate the client.

If the insurance company is delaying your claim because it disputes fault or your injuries, call Smith Law Center at (757) 244-7000 or message us online for a free consultation.

Will Filing a Lawsuit Make the Case Take Longer?

Usually, yes. Once a lawsuit is filed, additional steps may include:

• Written discovery: Exchanging questions, records, and other information.
• Depositions: Taking sworn testimony from the people involved in the case.
• Medical examinations: The defense may request an examination of the injured person.
• Expert testimony: Serious injury or disputed-fault cases may require medical or other expert opinions.
• Mediation: The parties may try to reach an agreement before trial.
• Trial: A judge or jury decides the case if settlement negotiations are unsuccessful.

A lawsuit can still settle at any point before trial.

In Virginia, most personal injury lawsuits generally must be filed within two years after the accident. Negotiating with the insurance company does not extend that deadline.

How Long After a Settlement Do You Get Your Money?

Reaching an agreement with the insurance company is followed by several final steps:

• Signing the settlement and release documents;
• Receiving the settlement check from the insurer;
• Calculating attorney’s fees and case expenses;
• Resolving outstanding medical bills or liens; and
• Distributing the remaining funds to you.

A case with straightforward medical bills may move through this stage faster than one involving substantial treatment or reimbursement claims.

If you are wondering how long do auto accident settlements take, reaching an agreement and receiving your portion of the money are two separate points in the process. Your attorney should be able to tell you what remains outstanding after the insurer agrees to pay.

Is the Insurance Company Trying to Settle Too Quickly?

An early settlement offer can arrive before you know whether you need surgery, how long you will miss work, or whether symptoms such as headaches, neck pain, dizziness, or cognitive problems will resolve.

Accepting an offer generally requires signing a release ending your car accident injury claim. Before accepting, you need a clear picture of the losses you have already experienced and the medical and financial effects you are expected to face in the future.

Smith Law Center’s experience with serious auto accident and traumatic brain injury cases is particularly valuable when the long-term effects of an injury are still developing. A quick settlement may leave significant future losses unpaid.

How Long Will Your Virginia Car Accident Claim Take?

If you are asking how long do car accident settlements take, your medical recovery, disputed fault, available insurance coverage, and whether a lawsuit is necessary will all affect the timeline.

Smith Law Center is a multi-generational Virginia personal injury firm that has represented injured people since 1949. Our firm has handled more than 90,000 cases and recovered more than $1 billion for clients, including substantial auto accident and traumatic brain injury settlements and verdicts.

Contact Smith Law Center at (757) 244-7000 for a free case review.  If you already have a settlement offer or your claim has been pending for months, our attorneys can review your claim and help determine whether settling now adequately accounts for your injuries and future needs.

Proudly Representing Virginia Residents