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

UPDATED: Feb 18, 2018

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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