How Long Does an Injury Claim Take? (Car Accidents and More)
Justin Ziegler, Lawyer
If someone caused your injury, how long will it take to settle your personal injury case?
In this article, I’m going to answer that question in detail. I also made a video that answers this question.
You can watch it here:
Most personal injury cases in Florida settle.
What does this mean?
It means that the injury case (or lawsuit) does not go to trial. This saves the injured person from paying higher attorney’s fees and costs.
If the case settles, the injured person doesn’t have to deal with the stress associated with a trial. He or she also gets to avoid the uncertainty of a trial.
This is true for all types of personal injury claims. For example, this includes motorcycle accident claims, car accident claims and much more.
There are many factors that may affect how long it may take to settle your personal injury case in Florida against the responsible parties for a fair amount.
There is no guarantee that your case settles. After handling personal injury claims for 16 years, client have asked me many times:
How long does an injury claim take to settle?
Here, I am going to give several real examples that show how long it may take to settle a car accident claim (or other case).
It’s one of fastest big settlements offers that I’ve ever had.
Within 8 Days of Crash, Allstate Issues $100K Check
Ryan was driving a rental car in Clearwater, Pinellas County, Florida. He was in Florida for work purposes.
Another driver crashed into Ryan’s car.
You can see the damage to Ryan’s rental car:
The other driver’s car was badly damaged.
Take a look:
Here is a diagram of the crash:
Paramedics took Ryan in an ambulance to the hospital.
Here is a photo of him at the hospital:
Ryan broke the part of his leg that is just beneath the kneecap. This is called the tibial plateau fracture.
At the hospital, a doctor put a plate and screws in his leg:
Allstate insured the careless driver’s car. However, he only had $10,000 in bodily injury liability (BIL) coverage. Within 8 days of the car accident, Allstate sent me a check for the $100,000 BIL policy limits.
Why did Allstate issue this check so fast?
Because the fair value of Ryan’s case was worth more than the at fault driver’s $100,000 bodily injury limits.
Look:
When a case is worth more than the insurance limits, this often results in the insurance company paying out faster. This chart shows this:
However, I did not want to deposit Allstate’s $100,000 settlement check.
Why not?
Because Ryan had Georgia uninsured motorist insurance, we needed to keep the at fault driver in the case. I also didn’t want to wind up in federal court if and when we sued.
Fortunately, Ryan had uninsured motorist coverage with Travelers Insurance Company. (Travelers is the same company that is handling all Lyft car accident claims in Florida.)
Within 16 Months of the Accident, Travelers Paid $200K to Settle
Ryan had a serious leg injury. He needed physical therapy and his orthopedic doctor wanted to wait a year to see how the bone healed.
Travelers’ first offer was $150,000. I sued both the at fault driver and Travelers.
Within 16 months of the accident, I settled for $200,000 with Travelers.
I got Allstate to reissue the $100,000 settlement check. The entire settlement was for $300,000.
After my lawyer fees, costs and paying his medical bills and workers’ compensation lien, Ryan got $187,371 in his pocket.
Watch a short video about this $300,000 payout here:
Let’s now take a look at how long it took to settle another personal injury case.
In Under 11 Months, I Got a $350K Car Accident Settlement
In 2020, Sam (not real name) was riding his bike in South Florida. At the same time, Joe (not real name) was in his car heading north. Joe was turning to go Eastbound.
While Sam rode his bike westbound in the crosswalk crossing, Joe accidentally hit him with his car.
You can see a crash diagram below:
As a result of the car hitting him, Sam broke 3 bones in his ankle.
You can see one of his broken lower leg bones here:
At the hospital, a doctor drilled screws into a plate in Sam’s leg.
You can see a photo that the doctor took during the surgery:
After he left the hospital, Sam searched for a South Florida lawyer who had settled many car accident cases. He found me. He saw that I had settled many cases fast.
Sam called my office and I gave him a free consultation. Shortly after we spoke, Sam hired me.
GEICO insured the driver (and owner) of the car that hit Sam. Due to pain and swelling in his ankle, the doctor removed the plate and screws.
Sam had Medicaid, a Medicaid HMO and another temporary assistance program. They paid under $6,400 to the hospital and his doctors. And the hospitals and doctors adjusted (reduced) the bills to zero. In other words, Sam did not owe the hospital or doctors any money.
The car’s insurance company offered $100,000 to settle Sam’s car accident injury claim. The defense lawyer said that the offer was fair. We told Sam to reject it.
In 2021, GEICO paid us $350,000 to settle Sam’s personal injury claim. This case settled in under 11 months because Sam had a serious injury, and liability was pretty clear. In other words, it was not difficult to show that the driver was 100% at fault or close to it.
This chart shows a comparison between the first offer and the settlement.
After my attorney fees and costs, and paying back the Medicaid liens, Sam got $226,818 of the settlement in his pocket.
Take a look:
You can see the $300,000 car accident injury settlement check below (redacted):
They also sent us a $50,000 settlement check from the driver’s personal umbrella insurance policy.
You can see the redacted settlement check below:
Sam was very happy. that I was able to settle his case in less than 11 months from the accident date.
Within 10 Months of Uber Driver’s Accident, CNA Paid $260K
Ray was driving for Uber in Miami. While heading straight on the road, a van made a left hand turn into Ray. They crashed.
The police came to the scene. Here is a diagram of the accident.
You can see the damage to the Uber driver’s car from the accident:
As you can see, the crash report also said that there was no injuries:
He did not take an ambulance to the hospital.
Shortly after the accident, his girlfriend drove him to the hospital. While there, he called my office to get a free consultation to see if I could represent him. He was looking for an Uber accident lawyer. After we spoke, he hired me.
Ray spent several days at the hospital. He had a small fracture of the lamina of the middle of his back.
Fortunately, he did not need surgery. He got some physical therapy for his spine.
Like many people injured in a car accident, Ray wanted to know how long an injury claim takes to settle.
After my lawyer fees, costs and paying his out of pocket medical bills and Medicaid back, he got $167,982.
That does not include the interest on a loan that he took.
Within 9 Months of Car Accident, $170K Settlement
Zach was in a car accident in Sarasota, Florida. He was in a rental car when the driver hit the car in front of him.
Take a look at the car that Zach was in:
Zach broke his upper arm (humerus) in the car accident. A doctor put a plate and screws into his arm. It healed very well.
ESIS (Ace American Insurance Company) insured the Hertz rental car.
Within just 9 months of the car accident, ESIS paid us $170,000 to settle. You can see the settlement checks here.
After my lawyer fees, costs and paying back his out of pocket medical bills, I gave Zach a check for $113,260.
In Under 4 Months, $100K Car Accident Settlement with GEICO
Sara was driving her car in North Miami Beach, Florida. Another car was heading in the opposite direction.
The other car made a left turn into Sara’s right of way.
Sara was driving car #1 in the crash diagram below:
Paramedics took her to the hospital.
At the emergency room (ER), she took this selfie:
Sara broke her nose. She contacted me to see if I could represent her.
Like many injured car accident victims, she asked me:
How long will my injury claim take to settle?
She said that the crash worsened her pre-existing bulging discs and herniated discs.
She had car insurance. Florida is a No Fault state. Therefore, her personal injury protection (PIP) paid her doctors $10,000 for her medical bills. Florida is one a few states that has No-Fault insurance.
Sara had a nerve block injection to her lower back. A neurosurgeon recommended lower back surgery.
When I make a claim against my client’s uninsured motorist insurance coverage, I send a different letter.
In most cases, I like to make sure that a claim has already been set up with GEICO before sending my request for their insurance limits.
Why?
My letter gets to the correct adjuster faster.
GEICO paid its $100,000 BI insurance limits about three months after the collision. Here is the $100K settlement check:
As you can see, 90% of this GEICO car accident settlement was for pain and suffering:
When a car insurance company makes you a settlement offer, they do not factor in your attorney fees.
The rest of this $100,000 GEICO car accident settlement paid for her out of pocket medical bills and health insurance lien. After my attorney’s fees, costs, and paying of Sara’s medical bills and health insurance liens, she got over $56,500 in her pocket.
She was happy with her settlement.
Within Just 38 Days of Motorcycle Accident, We Got a $50K Payout
Pat was riding a motorcycle in Land O Lakes, Pasco County, Florida. A driver crashed into him. Here is the diagram from the Florida traffic crash report.
Paramedics came to the accident scene. They took Pat in ambulance to the hospital.
At the hospital, they took an x-ray of Pat’s shoulder. Pat broke his collarbone (clavicle) in the accident.
You can see the x-ray that shows the collarbone fracture:
I settled his case for the at fault driver’s BIL insurance limits within just 38 days of the accident.
You can see Travelers Insurance Company’s check for the $50,000 bodily injury limits:
Why did Travelers Insurance pay so fast?
Because Pat’s pain and suffering alone was worth more than the $50,000 insurance policy limits.
The at fault driver did not have any insurance above the $50,000 policy limits. Unfortunately, Pat did not have underinsured motorist (UM) insurance on his car.
Pat owned his motorcycle. Thus, if Pat would have had stacking UM coverage on his car, it would have paid additional money above the at fault driver’s $50,000 limits.
Likewise, if Pat lived with a relative who had stacking UM coverage on their car, their UM coverage would have paid additional compensation to Pat. This is true even though his accident happened while he was on a motorcycle.
However, the underinsured motorist insurance coverage would only pay if I could show that his case value was above $50,000.
In Just 31 Days of Car Accident, We Got a $25K Injury Settlement
On July 30, 2018, Shankeva was a passenger in her boyfriend’s (Ken) car. They were stopped at a red light in Holly Hill, Florida. In the diagram below, Shankeva was in V3.
Terry was driving vehicle 1. Terry crashed head on into vehicle 2. Vehicle 2 then hit Vehicle 3.
Paramedics arrived at the scene.
In the photo below, you can see them taking Shankeva out of the car:
Below, a photo shows the damage to the car within which Shankeva was a passenger.
The front of the car was demolished.
You can see this was a huge impact accident.
Here is a photo of Shankeva on a stretcher:
An ambulance took her to the hospital.
At the hospital, doctors took x-rays, a CT scan and a MRI of her hip.
The x-ray showed an acetabular fracture. The acetabulum is the socket of the hip bone.
Here is what the acetabulum looks like:
Since she had this fracture, they had her stay (inpatient) at the hospital.
They gave her a room.
While at the hospital, someone took a photo of her:
After she was released from the hospital, she had to use a walker to get around. Shankeva got a free consultation from me, and hired me.
Here is a photo of Shankeva using a walker:
The good news?
Shankeva made a great physical recovery. She was able to walk without needing any devices.
How long did this injury claim take to settle?
Like many car accident cases, there was limited insurance available. The at fault driver only had a $20,000 bodily injury liability (BIL) per accident policy.
How long does a personal injury claim take to settle?
I put the pressure on State Farm to pay.
The result?
Within just 31 days of the accident, I got State Farm to issue a check for the $25,000 UIM policy limits. On August 30, 2018, they wrote the check. Shankeva was thrilled.
Take a look at the settlement check:
I also got the at fault driver’s insurance company to pay us $8,000 of the remaining $10,000 limit. The other $2,000 went to Shankeva’s boyfriend.
In total, I was able to get we were able to get Shankeva a $33,000 settlement. Approximately, $31,000 of the settlement was for her pain and suffering damages.
The rest of the settlement was for medical bills and her Molina Medicaid insurance lien. I was able to get Molina Medicaid to reduce its lien (payback amount). Without a lawyer, they would not have reduced their lien.
After my attorneys fees and costs, Shankeva got around $22,000 in her pocket.
Why did State Farm pay me in just 31 days?
They paid me because Shankeva had a bad objective injury, and the UIM coverage limit was low. (I use the term objective injury because the x-ray showed her hip socket fracture.)
This combination put pressure on State Farm to pay me. It gets an underinsured motorist insurance company to settle quickly.
Would State Farm had faced any negative consequences if they didn’t offer to settle so fast?
After receiving the filed CRN, State Farm would have had 60 days to still pay me the limits. If they paid within that time, State Farm would not be on hook for any amount above the $25,000 UIM coverage limit.
This settlement was in 2018. However, the result would have be the same in 2020.
In Just 31 Days after Car Accident, We Got a $25K Settlement
Odalys was a passenger was in a car accident in Hialeah, Miami-Dade County, Florida. Another car hit the back of the car that she was in.
In both the photos above (and below), you can see that there was big damage to the car that Odalys was in.
The crash report said that she was wearing a shoulder and lap belt at the time of the crash.
The driver of the car that Odalys was in – at the time of the crash – gave an Infinity Car Insurance card to the police officer.
I made a claim with Infinity, who said that the owner failed to add the car to the existing insurance policy. Thus, Infinity denied the claim.
This meant that the medical bills needed to be paid from the personal injury settlement, which I’ll discuss shortly.
Hospital Lowered Bill from $16,500 to $7,500
The hospital bill was over $16,500. We asked them to reduce it. They reduced it to $7,500.
Auto Club SouthInsurance Company insured the careless driver. He had a $25,000 per person/$50,000 per accident BIL policy. The Auto Club claims adjuster was Stephanie Schmitt.
I reminded her that she had a duty to act in good faith to her insured. I also pointed out to her that there was limited insurance coverage.
Auto Club hired attorney Andrew Stone of Stone, Glass & Connelly to decide how to divide up the $50,000 per accident BIL insurance limits.
They paid $25,000 to Odalys to settle. This is the maximum that any one person injured in the accident could get from Auto Club.
I got AAA to issue the settlement check within 31 days of the accident. You can see the check below:
There are 4 reasons why the time that it took to settle was under 31 days.
There was major damage to the car that she was in.
She had a big hospital bill.
AAA is a decent car insurance company.
There were 3 people in the car that Odalys was in.
His injuries were big. However, his case was worth less than the truck’s liability limits of $1 Million dollars. Thus, the truck’s insurance company (now AIG) didn’t have much pressure to settle.
Injury Claim Settled Faster Because of Clear Liability
The truck driver received a ticket for failure to yield right of way. Liability was pretty good for my client. This usually helps cases settle faster.
If Insurance Company Has In-House Attorneys, Less Pressure to Settle
The insurance company for the truck had in-house attorneys that they paid on a salary (not by the hour). So, if they didn’t settle and we sued, they don’t “really” have to pay to hire attorneys because they already have attorneys on staff.
However, most insurance companies still like to settle claims.
Case Should Be Ready for Settlement After Your Last Medical Visit
Most cases aren’t usually ready to get settled until you have finished your medical treatment. (The exception is when there is a limited amount of available insurance to cover you for your injuries.)
If you settle before your medical treatment is completed, you don’t know the extent of your injuries. Thus, the insurance company offer may not pay you for your future “possible” medical care.
The negligent party’s insurance company will generally send you 1 check to settle your case. Once you settle your personal injury case with their insurance company, they will not pay you any more money.
Motorcycle Rider Treated for 10 Months (Settlement Was About 1 Month Later)
In the above case, the motorcyclist received treatment for about 10 months or so, and the case settled for $445,000 about a month after that.
Good Insurance Company May = Faster Settlement
The insurance company (now AIG) for the truck was an above average paying insurer.
It’s possible that if the truck’s insurer would’ve been a worse paying insurer, the case would’ve taken longer to settle for fair value. A few big insurers that pay worse than AIG are Progressive, Allstate, GEICO or State Farm.
How Long Does GEICO Take to Settle an Injury Case?
How Long Does It Take for Uber and Lyft Accident Cases to Settle?
All things equal, it takes longer to get a fair injury settlement in an Uber or Lyft accident than most other car accidents. This is because Uber and Lyft cars have at a minimum $50,000 in bodily injury liability insurance.
If the Uber or Lyft is engaged in a ride, the limit goes up to $1 million.
For example, I represented a passenger who was in a Lyft in Miami Shores, Florida. Another driver crashed into the Lyft car. My client claimed that the accident caused his hand and foot injuries.
However, my client’s uninsured motorist insurance claim against Lyft’s insurance company took longer to settle. This is because Lyft has a big ($1 million) insurance limit for passengers. Thus, Lyft’s insurer, Zurich, wasn’t worried about paying above the insurance limits.
Zurich eventually paid us $45,000 for my client’s underinsured motorist insurance claim.
Cases May Settle Sooner if You Quickly Get Adjuster All Your Medical Bills/Records and More
Quickly give your medical records/bills to the insurance adjuster. Actor.
If you want to try to get the fair value of how much your case is worth, as quickly as possible, then give the insurance company all of your medical bills and records as quickly as possible.
Adjuster Needs Records/Bills to Set Correct Reserve; May Settle Faster
Without records and bills, the adjuster can’t set the proper reserve, and get the settlement authority to pay you fair value for your case. I continuously requested my client’s medical records and bills from his doctors, and sent them to insurance company.
If Case is Worth More Than Available Insurance, May Settle Faster
Tibia fracture from my actual case
In Florida, if your injuries are worth more than the available insurance coverage, your case may settle sooner.
Insurers May Have to Pay Above the Insurance Limits
Under Florida law, an insurance company has a duty to settle a case if it could and should in order to protect its insured from owing any money above their insured’s bodily injury liability (BIL) limits.
Example – Case Worth More Than Insurance Limit, Settled for $200K a Few Months Later
A car hit a pedestrian in Coconut Grove, Florida. The pedestrian had a hospital bill that was over $100,000. He fractured his tibia and had surgery to fix it.
The driver of the car had $100,000 of rental car insurance with Philadelphia Insurance Company. Since the pedestrian’s case was worth much more than the available $100,000 in rental car insurance, the case settled within a couple of months after the accident.
My client also had uninsured motorist insurance with Ace Insurance Company.
Filing Civil Remedy Notice May Make Uninsured Motorist Insurer Settle Faster
Since my client’s case was worth more than the $200,000 combined insurance limits, Ace quickly paid its $100,000 limits after I filed a civil remedy notice of insurer violation and sent it to Ace.
Lawsuit Against the Federal Government Took a Little Longer; Must Wait 6 Months to Sue
We also sued the federal government, but that took a little longer to settle. This is because you can’t sue them until 6 months passes after you send them your statement of claim.
Slip and Fall Cases May Take Longer To Settle
Actor
Most slip and fall cases settle for under $1 Million dollars. Most business insurance policies have at least $1 Million in coverage.
Thus, the premises insurers aren’t worried about getting hit with an excess judgement above the policy limits.
Took 2+Years to Get $300K Settlement (Slip and Fall)
He had about $100,000 in medical bills and lost wages. The supermarket carried a $1 Million dollar insurance policy.
If a case is worth under the liable party’s limits, it takes longer to get a settlement (for fair value). Here, this case was worth much less than Sedano’s $1 Million dollar insurance limit.
Thus, the supermarket’s insurer (Crum & Forster) didn’t have much pressure to settle quickly. This is because they didn’t have fear of having to pay above the policy limit.
It may take longer to reach a settlement with big companies like Walmart, Disney, Publix and hundreds of others. This is because they likely have a self-insured retention (SIR). In other words, they will likely pay the settlement with their own money (not insurance money).
Cases Take Longer to Settle if Insurance Company Denies Liability
In the above slip and fall case, the supermarket denied liability. Thus, we sued them. This delayed the settlement of the case.
If an insurer denies liability, this usually forces you to sue to get fair value for your case. Having to sue can delay the case.
Took Longer to Settle Because High Insurance Limits
It took this long because the trucking company had a $2 Million dollar insurance limit, and the case was worth about $200,000.
Thus, the insurance company didn’t have to worry about bad faith exposure.
The injured driver had $10,000 of uninsured motorist insurance with Progressive. $10,000 is a low insurance limit. They paid within months after the accident.
21 Months After Fall at Restaurant, We Got a $210K Settlement
A man fell from a booth at a Denny’s restaurant in North Miami Beach, Florida.
Travelers Insurance Company insured the restaurant with $1 Million in liability coverage. The high limit delayed settlement since his case was worth $210,000, which is much less than $1 Million dollars.
Poor Restaurant Surveillance Video May Have Caused a Delayed Settlement
Poor quality surveillance video of man falling off booth.
The surveillance video that captured the fall was very poor quality. It’s possible that if the video was excellent quality, the adjuster would’ve seen that the booth did tip up and cause the man’s fall.
The insurance company wouldn’t offer more than $20,000 to settle. We sued.
He had 2 surgeries over the course of 19 months or so. The case wasn’t ready to settle until he finished his medical treatment.
Upcoming Trial Date May Have Helped Settle the Case Faster
Dramatization. Actor.
The case settled about 1 month before trial. A trial date puts pressure on an insurance company to settle because the possibility of having to pay a judgment becomes more real as trial approaches.
$100K of a $200K Settlement Was Paid Within a Few Months
A car ran a red light and t-boned another car in Miami, Florida. A witness said that the driver ran a red light.
The driver who ran the red light got a ticket.
Here is what the injured driver’s car looked like after the accident:
She only had the minimum insurance coverage in Florida. Thus, she had personal injury protection (PIP) insurance with United Auto (UAIC). United Auto paid $10,000 to her medical providers.
USAA insured the careless driver with $100,000 in BI insurance.
The injured lady’s case was worth $200,000. Since USAA’s limits ($100,000) were less than the case was worth ($200,000), USAA paid the $100,000 limits within a 2 or so months after the crash.
USAA only told me about $100,000 in BI coverage:
I then asked USAA’s insured for their financial information and whether they were working at the time of the accident.
Almost 90 days after their initial insurance disclosure, USAA then told me about an additional insurance:
It turned out that the careless driver’s employer had a $1 Million dollar insurance policy. Old Dominion Insurance Company (Main Street America) insured them.
Old Dominion took longer to pay the additional $100,000 since they had no bad faith exposure. In other words, the case value was much less than the $1 million bodily injury limits.
In Just 37 Days After Car Accident, I Got a $10K Settlement
Watch this video, where my client talks about his case that settled in just 37 days:
My client was in his car and stopped at a light in Fort Lauderdale, Florida. A drunk driver hit him. My client had neck and back pain. Here is the crash diagram:
This is a photo of my client’s car after the accident:
His cervical (neck) MRI said that he had three herniated discs. The MRI of his back showed 1 Herniated Disc and 2 Bulging Discs.
Some of my favorite injury cases are when the at fault driver was drunk at the time of the accident. Car accident claims may settle faster if the drunk driver has low insurance limits.
This is because we can also make a claim for punitive damages. Here is a photo of my client and I after the settlement.
Miami injury attorney Justin “JZ” Ziegler and our happy client.
How Long Does It Take to Settle a Wrongful Death Lawsuit?
All things equal, wrongful death cases settle faster than personal injury cases. This is because the value of a wrongful death case often is more than the available insurance.
Let’s assume that the at fault driver has a $1 million (or smaller) dollar insurance policy. In this case, his or her insurance company should quickly pay the insurance limits. This is because the insurance company doesn’t want to expose their insured to a big verdict.
Getting Your Lien Information May Result in a Faster Settlement
Your health insurance company – or Medicaid, VA, Tricare – may be entitled to be repaid for medical bills that they paid in relation to your accident. The sooner that you request this lien, and give it to the insurance company, the sooner the case may settle.
If there is limited insurance, you may be better off settling your personal injury case sooner because you will have money in your pocket sooner, and you may cut off your health insurance company’s – or Medicaid, VA, Tricare, etc. – ability to get paid for additional medical bills that they may be related to your accident.
If the Accident Gets Major Media Attention, Case May Settle Faster
Although it’s not common, sometimes a media frenzy causes a quick settlement. There are two examples that quickly come to my mind. The first is incident where the alligator attacked and killed a child at a Disney hotel. The second example if the pedestrian who was killed by a an Uber self-driving car.
In both of these incidents, Disney and Uber desperately wanted these stories out of the news. Badly.
Those cases settled within months of each accident. Moreover, Disney and Uber likely paid more than the fair case value to get to settle (and get these cases out of the news).
Will Hiring a Lawyer Delay Your Personal Injury Settlement?
No. In fact, it may result in quicker settlement. Let me explain.
There is no guarantee that you will get compensation in any injury case. The injured person (or his/her lawyer) needs to properly handle his or her injury claim to have the best chance at getting fair compensation.
A lawyer will know what issues to look for in your case. Thus, the attorney should be able to get all the evidence ready so that the case can be ready for a possible settlement (or trial) as soon as possible.
On the other hand, let’s assume that someone is injured and doesn’t hire an attorney. He or she likely won’t know every issue to look for. The injured person likely will have little idea of how much a case is worth.
Did someone’s carelessness cause your injury in an accident in Florida, or on a cruise or boat?
Our Miami law firm represents people anywhere in Florida if someone’s carelessness caused their injuries in car accidents and many other types of accidents.
I want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.
