If you were injured in a car accident in New Jersey, you may be wondering how long it will take to receive a settlement check. Understanding the process can help reduce stress and give you a clearer picture of what to expect. While every case is different, there are common stages, timelines, and factors that influence how long it takes to get paid.
How Long Does a Car Accident Case Take in New Jersey
The duration of a car accident case depends on many things, including the complexity of the accident, the severity of injuries, the number of people involved, and whether the case goes to court. Most average car accident cases in New Jersey can take six months to two years to resolve. Cases that involve permanent injuries, multiple parties, or disputed liability may take longer. Having an experienced personal injury lawyer can help you understand your case’s timeline and what steps need to be taken.
Initial Steps After a Car Accident
The first steps after a car accident set the stage for your case. These include getting medical attention, reporting the accident to the police, and notifying the insurance company. Your attorney will also start gathering evidence, such as medical records, police reports, witness statements, and photos of the accident scene. This stage can take a few weeks or several months depending on how quickly evidence is collected and how complex the case is.
The Demand Letter and Settlement Negotiations
Once your lawyer has a clear understanding of your damages, including medical bills, lost wages, and pain and suffering, they will send a demand letter to the at-fault party’s insurance company. This letter explains the accident, the injuries, and the compensation you are seeking. The insurance company will respond with an initial offer, which is often lower than what you are owed. Negotiations can take weeks or months, and there may be multiple rounds of offers and counteroffers before an agreement is reached.
Filing a Lawsuit and Litigation
If negotiations do not result in a fair settlement, a personal injury lawsuit may be filed. Filing a lawsuit does not automatically mean the case will go to trial, but it does extend the timeline. Litigation involves discovery, depositions, and pre-trial motions, which can add a year or more to the process. Most car accident cases are settled before reaching the courtroom, but the possibility of going to trial encourages insurance companies to make a fair offer.
Receiving Your Settlement Check
After a settlement is reached, the insurance company will ask you to sign a release stating that you will not pursue further legal action for this accident. Your attorney will deposit the settlement check into a trust or escrow account and pay off any liens, medical bills, or unpaid expenses. Legal fees and other costs will also be deducted before the final settlement check is issued. Typically, you can expect to receive your settlement funds within 30 to 60 days after signing the paperwork, though complex cases may take longer.
Factors That Can Delay Your Settlement
Several factors can delay when you receive your settlement check.
Severity and Complexity of Injuries
Serious or permanent injuries require more medical treatment and time to fully assess damages. Insurance companies may wait until your recovery is more complete to ensure they cover all current and future expenses.
Disputed Liability
If fault is unclear or disputed, the insurance company may delay payment. Situations where multiple parties are involved, or where the insurer believes you are partially responsible, can extend the process. Comparative negligence rules in New Jersey may reduce your settlement if you are found partially at fault, and insurers often use this as a tactic to encourage lower settlements.
Insurance Company Tactics
Some insurance companies use tactics to delay payments. They may request excessive documentation, offer a low initial settlement, or take their time reviewing claims. The “Delay, Deny, Defend” approach can increase the stress and lengthen the timeline.
High-Value Claims
Claims involving large settlements, multiple defendants, or significant injuries usually take longer to process. Insurance companies may require multiple levels of approval and a more detailed investigation before issuing payment.
Need for Litigation
If a lawsuit becomes necessary, the timeline is extended. Litigation steps such as discovery, motions, and court schedules can take months or even years. However, the threat of trial often encourages insurers to settle fairly.
Statute of Limitations
New Jersey law gives injured adults two years from the date of a crash to file a personal injury lawsuit. For accidents involving public entities, a notice of claim must be filed within 90 days. These deadlines make it important to involve an attorney promptly to preserve your right to compensation.
Tips to Speed Up Your Settlement
Working closely with an experienced personal injury lawyer can help prevent delays. Provide complete medical records, respond promptly to requests, and maintain communication with your attorney. Understanding the process and being proactive helps reduce waiting time and ensures you receive the compensation you deserve.
Why You Need an Experienced Personal Injury Lawyer
Insurance companies often aim to minimize payouts, especially when victims are represented by inexperienced attorneys or no attorney at all. A skilled lawyer can handle negotiations, challenge low offers, and represent you if the case goes to trial. Experienced attorneys also manage liens, medical bills, and legal fees, ensuring you receive your settlement without unnecessary delays.
Get Legal Help Today
If you or a loved one were injured in a car accident in New Jersey, call (732) 229-3200 to schedule a free consultation. An experienced personal injury lawyer in Monmouth County can review your case, explain what to expect, and help you get the full settlement you deserve. Don’t wait and risk losing your right to compensation.