how long does it take to get a settlement back after a car wreck

My daughter was in a car wreck she
was a passenger

Asked on February 18, 2018 under Personal Injury, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your daughter needs to complete her medical treatment, be released by the doctor or be declared permanent and stationary by the doctor which means reaching a point in her medical treatment where further improvement is not anticipated. Then, she or you if she is a minor should obtain her medical bills, medical reports, and documentation of wage loss. Her claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document her injuries and determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled at that point, NO lawsuit is filed. The length of time for medical treatment will determine when the case is settled.
If your daughter or you if she is a minor is dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the at-fault party. If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.
If the case is NOT settled, the lawsuit against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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