A serious car accident doesn’t just come with unbearable physical and emotional pain. It comes with the burden of having to pay for unintended medical bills, taking time off work, losing your paycheck, and other financial difficulties. You are stressed about money, and you just want to know when this will be over.
So, how long does a car accident settlement take in Kansas City?
The honest answer is that it depends. Some cases settle in a few months. Others can take a year or more. It is not what you want to hear, but it is the truth. Every accident is different, and rushing the process can cost you thousands of dollars. You deserve full payment for your pain, and sometimes that takes time.
Related: How Long Does It Take to Get My Personal Injury Settlement Check?
Key Takeaways About the Kansas City Car Accident Settlement Process
- Car accident settlements in Kansas City can take anywhere from a few months to a year or more, depending on the details of the case.
- The severity of injuries is the biggest factor, and cases should not settle until medical treatment is complete or a doctor confirms maximum medical improvement.
- Disputed fault or multiple vehicles can slow the process, because liability must be proven with evidence and investigation.
- Insurance companies often delay or undervalue claims, which can extend negotiations or require filing a lawsuit.
- If a case goes to court, timelines increase, as lawsuits follow court schedules, discovery, mediation, and possibly trial before a settlement is reached.
Factors That Impact the Care Accident Timeline
There is no exact way to measure how long your Kansas City car accident settlement takes. To ensure you receive the maximum amount of money possible, it’s important to consider every factor of your treatment, physical limits, and future.
How Bad Are Your Injuries?
This is the biggest factor. You should never settle your case until you are fully healed or until a doctor says you have recovered as much as you can. This is called “Maximum Medical Improvement.”
If you settle too early and need more surgery later, your payout may not account for that, and you may have to pay out-of-pocket. Once you have signed the release papers, you cannot go back to the insurance company and ask for more money.
This is what insurance companies want.
Insurance adjusters are trained to minimize your settlement to save their company’s profits. They don’t care about you getting the money you need to pay your medical bills. That’s why we must wait until we know exactly how much your future medical care will cost.
Related: Why You Shouldn’t Accept the First Offer from the Insurance Company
Who Is at Fault?
If the other driver admits they hit you, the case moves faster. If they lie and say it was your fault, or if there were three or four cars involved, it gets complicated. We have to prove they caused the crash. This takes time and evidence.
It’s important that you don’t accidentally admit fault after a car accident. Saying things like “I’m sorry” or “I didn’t see you” can be used against you. Having a lawyer and a team of investigators can help you uncover the root cause of the accident, which will be used as evidence in your case.
The Insurance Company
Insurance companies are not your friends. They are businesses. They make money by holding onto it for as long as possible. They might ignore your calls or make a lowball offer, hoping you are desperate enough to take it. We know their tricks, and we know how to push back.
Learn More: Common Insurance Company Tricks
The Court Schedule
If we have to file a lawsuit, we are on the court’s timeline. Courts in Jackson County and Wyandotte County are busy. The time it takes for a car accident settlement if we go to court often takes longer because we have to wait for a judge and a trial date. During that time, your lawyer will make a strong case that points the liability to the other party.
The Step-by-Step Settlement Process
Understanding how long it takes to get your settlement after a car accident can help you curb your expectations and plan accordingly. Here’s the general process:
1. Initial Consultation and Investigation
The process begins when you have your initial consultation with an attorney. During this meeting, you will share the details of your accident and how it has impacted your life. From there, our team will launch a thorough investigation.
We will gather crucial evidence, such as police reports, photos from the scene of the crash, and any statements from witnesses. At the same time, we will begin collecting all relevant medical records to fully document your injuries.
Learn how to get your medical records after an accident.
2. The Negotiation Phase
Once we know the total cost of your injuries, we send a “demand letter” to the insurance company. We tell them how much money you need to cover your bills, lost wages, and pain.
They will usually write back with a lower number. We negotiate until you are satisfied with the number. If they offer a fair amount that covers your needs, the case ends here, and you get a check.
Learn More: How Lawyers Negotiate Settlements
3. Filing a Lawsuit
If the insurance company is being cheap or unfair, we file a lawsuit. This does not mean you will go to court tomorrow. It just means the insurance company has not been reasonable, and they need to know we won’t back down from their bullying.
- Missouri: You generally have five years for personal injury and property damage (RSMo 516.120).
- Kansas: You generally have two years from the date of the injury to file a lawsuit (K.S.A. 60-513).
While these timeframes may sound like a long time, evidence disappears, and wounds heal. Insurance companies will take your injuries and suffering less seriously and try to pay you less or even deny your claim. That’s why it’s important to act fast.
Learn More:
- Statute of Limitations for Car Accidents in Missouri
- Statute of Limitations for Car Accidents in Kansas
4. Discovery Phase
This is when both sides share information and evidence:
- We send written questions (interrogatories).
- We request documents.
- We might do depositions, which are face-to-face interviews recorded by a court reporter.
This is the longest part of the process. We have to be thorough to prove your case. This phase of the KC car accident settlement process can take a while. It can take months to get all the answers and documents we need.
For example, in Missouri, the other side generally has 30 days just to file their first answer to our lawsuit (Rule 55.25).
5. Pre-Trial Negotiation and Mediation
Before a trial starts, we usually try to settle one more time. We might go to mediation, which is a process where a neutral third party helps us reach an agreement. Many cases settle right here.
6. Trial
If mediation and negotiations are unsuccessful, we are fully prepared to take your case to trial. This is where we will present all the evidence to a judge or jury, making a powerful argument on your behalf.
While going to court can extend the timeline of your case, we will not hesitate to fight for you in front of a jury when it’s necessary to secure the maximum compensation you deserve.
The Role of Your Attorney
You might think you can handle this alone to save money or time. That is usually a mistake. Hiring a Kansas City car accident attorney will save you energy and potentially put more money in your pocket.
An attorney helps by:
- Gathering Proof: We chase down the medical records and police reports so you can focus on healing.
- Handling Paperwork: One missed deadline can ruin your case. We manage the calendar.
- Fighting Back: When the insurance adjuster says “no,” we say “yes, and here is the proof.”
- Maximizing Value: We will look for insurance policies you didn’t know existed to make sure all your bills are covered.
Frequently Asked Questions
Can I get a cash advance on my settlement?
Some companies offer “pre-settlement funding.” Be very careful. These often have very high interest rates. It is better to talk to your lawyer about your options first.
What if I have to pay medical bills right now?
Your lawyer can often send “letters of protection” to doctors. This asks them to wait for payment until your case settles, so they don’t send you to collections.
Don’t Fight This Battle Alone
If you or a loved one has been hurt, you are already dealing with enough. You shouldn’t have to fight billion-dollar insurance companies that don’t care about you all by yourself.
DM Injury Law is on your side during this complicated time. We know that money can’t fix everything, but it can pay the bills and help you rebuild your life.
- We have won over $1 billion for our clients.
- We offer free consultations. You can talk to us for free to see if you have a case.
- No fee unless we win. You do not pay us a dime out of your pocket. We only get paid when we win money for you.
Our team of attorneys and support staff is here to handle every part of your case. We want to take the weight off your shoulders. Speak to our Kansas City car accident attorneys today. Contact us online or call us at 816-888-7500 for your free consultation.