Your accident happened in seconds. Even the responding authorities are on the accident scene in minutes. Filling out the insurance claim form and calculating your damages only takes a few days or weeks if your injuries are extensive. Within a month or so, you’re ready to submit your personal injury claim to the insurance company.
So, why are you waiting for your check to arrive in the mail? The average Georgia personal injury settlement timeline can vary depending on a few factors. If you’re anxiously waiting for your insurance settlement check to show up, here’s a look at some factors that can affect the timeline.
Steps Before Receiving Your Settlement Check
Congratulations on reaching a settlement with the insurance company. The process probably wasn’t easy, even if you managed to avoid going to civil court. You and your attorney have sat through countless hours of negotiations and submitted more than enough evidence to prove your personal injury claim.
The insurance adjuster has finally agreed to pay the value of your claim. So, shouldn’t you be walking out the door with a settlement check in your hand? Unfortunately, the answer is no. You’ve only completed one part of the insurance claim process. You still have a few more steps to go through.
Sign a Release Form
Hopefully, the insurance adjuster is prepared to settle your claim. This can save some time. Before the insurance company can issue your settlement check, you must sign a release form. There aren’t any exceptions to this step.
The release form is a legal document that prohibits you from filing an additional claim against the insurance company for the same accident. You’re relieving the insurance company of any additional financial obligations.
Your release form should contain a ton of information about your personal injury claim. This typically includes a list of your submitted damages and the agreed-upon settlement amount. Some release forms also contain a non-disclosure clause. This basically means you can’t discuss the details of your settlement with anyone other than your attorney and the insurance company.
If you violate the terms of the non-disclosure clause, the insurance company may have grounds to recover your compensation. In other words, you may end up owing the insurance company for breach of contract.
If the insurance adjuster doesn’t have a release form handy, you’ll need to wait until one is sent to either you or your attorney. After submitting the signed release form to the insurance company, processing usually takes around 5 to 7 business days.
Your Check is Issued
Finally, you’re getting a little closer to receiving your settlement check. After processing the signed release form, the insurance company will issue your settlement check. Don’t start checking your bank account for an automatic deposit. This isn’t how the process works.
The insurance company mails the check either to you or your attorney. Yes, now you’re waiting on the United States Postal Service to deliver your settlement check. Depending on when and where the check is mailed, it can take anywhere from a few days to a week or more to receive the check.
If you’re wondering why your attorney receives your settlement check, it’s simply standard practice. This allows your attorney to deduct their costs before handing you a check for the remaining amount. If you aren’t working with a personal injury attorney, your check is mailed to the address you provide.
The Check Arrives at Your Attorney’s Office
Remember, if you don’t have an attorney your check shows up at your address. The information in this section doesn’t apply to your timeline. Once you receive the check, you can start paying off your accident-related expenses.
However, if an attorney is helping you navigate the legal process, they’ll receive your settlement check. Your attorney will deposit the check in an escrow account until you can schedule a meeting. How long it takes to schedule an appointment depends on your schedule and that of your lawyer. Usually, it only takes a day or so before everyone has time to meet.
Your attorney will deduct any fees you may owe. This can include contingency fees and other assorted costs. These costs can include payment for expert testimony and fees for obtaining copies of medical records and accident reports. If you have liens like one to help cover medical costs, these expenses are also deducted from your check.
Once everything is deducted, you receive a check for the remaining balance. This is your check and it’s up to you how you spend the funds. So, the time it takes to reach an agreement with the insurance company to receive your check is about 30 days.
Factors That Can Delay Your Settlement Timeline
Things do move more quickly after signing the release form, but you can still run into some delays. Remember, the insurance company is mailing your check.
If your check is in the mail during a federal holiday, expect a slight delay. The mail doesn’t run on holidays which means you’re not receiving your check. This also applies to weekends. If your check is mailed on a Friday, you should expect it to be delayed by a couple of days.
Not all accident victims are legal adults and this can drag out the timeline. Minors typically need to wait a little longer to walk away with their settlement check. The court may need to approve the compensation amount, even if an attorney is representing the minor. The judge is only ensuring the minor is receiving adequate compensation but it can delay the process.
Ensuring You’re Not Waiting for Your Settlement Check
Navigating a personal injury claim is rarely easy, even when the accident is fairly uncomplicated. Even after reaching a successful settlement, you’re still waiting a month or so to receive your check. Working with a Georgia personal injury attorney can help speed up every part of the claim process so you can start paying off your expenses and focus on recovering from the accident.