If you’ve been injured in a car accident, one of the first questions you probably have is:
“How long does the settlement process take?”
The Kentucky car accident settlement process follows a fairly predictable timeline, but injury attorneys don’t always explain what’s happening behind the scenes. This is why I like to personally meet with my clients at the beginning of the injury claim and explain the process to them. I think it is important that they understand the “gameplan” for successfully prosecuting their personal injury claim. That’s just another component of the Desmond Difference!
Below is a clear, step-by-step explanation of what happens after a wreck and how a personal injury claim typically moves toward settlement.
Step 1: Getting Emergency Room Records and Bills
After a car accident, I, Attorney Jim Desmond, immediately request your ER records and bills. This is a crucial step that I think all law firms should do quickly, as soon as your injury claim is opened. Why? Because if you have a $30,000 Emergency Room bill and the other driver was only insured for $25,000, a good injury lawyer will be screaming to the other insurance company, “Pay your policy limits!” AND I will be looking for underinsured motorist coverage on your own automobile insurance policy to cover the remaining value of your personal injury claim. Under Kentucky law, injury victims are entitled to one free copy of their medical records, including emergency room records and billing statements. This allows us to:
- Document your injuries early;
- Confirm diagnoses and treatment;
- Begin building your claim without delay.
However, this is also why I don’t request the records from your treating doctors until your treatment is completed. I don’t want a bunch of case costs to be lessening your net personal injury settlement.
Step 2: Completing Medical Treatment
You don’t want an insurance company to evaluate a claim until they understand the full extent of your injuries. After all, when you sign a personal injury release, you are signing a contract, and the terms of that contract are “No matter what happens tomorrow, you cannot recover anything further!” Therefore, you don’t want to settle a personal injury claim from a car wreck until you are fully healed.
That means we typically wait until:
- You are released from care, or
- Your doctors have outlined future treatment
Once that happens, we request all remaining medical records and bills, including:
- Hospital records
- Follow-up physician visits
- Physical therapy or chiropractic care
- Specialist treatment
Step 3: Confirming PIP and Health Insurance Payments
Kentucky is a no-fault state, which means PIP (Personal Injury Protection) usually pays the first portion of medical bills. Health insurance may pay additional amounts.
Before making a settlement demand, we must determine:
- How much PIP paid
- How much health insurance paid
- Whether any liens or reimbursement claims exist that will have to be paid out of your injury settlement
This step is essential. Failing to account for these payments can delay a settlement. Moreover, we don’t want an insurance company, e.g., your health insurance, to be knocking on your door after an injury settlement claiming you owe them money because of your injury settlement.
Step 4: Preparing the Settlement Demand Package
Once all medical records and billing information are received, I prepare a settlement demand package.
A demand package typically includes:
- A detailed demand letter explaining liability and the treatment you received
- Medical records and bills are attached as supporting documents
- Proof of lost wages (if applicable)
- A description of pain, suffering, and how the injuries affected your daily life
- Photographs of the damaged car to illustrate the severity of the impact and
- Photographs of any bruises, contusions, or lacerations that were the result of the car accident
This package tells your story and explains why the insurance company should fairly evaluate the value of your injury claim. Yes, in a demand letter, I will include a figure indicating the value of your personal injury claim.
Step 5: Insurance Company Review (Usually About 45 Days)
After the insurance company receives the demand, they usually take about 45 days to:
- Review the records
- Evaluate the claim
- Make an initial settlement offer
This timeline is common in Kentucky car accident claims, though some cases move faster and others take longer, depending on complexity.
Step 6: Negotiation and Settlement
The first offer is rarely the best.
At that point, we:
- Review the offer together
- Negotiate for what we believe is a fair value of your personal injury claim
- Discuss whether settlement or continued negotiation makes sense, or whether we should be looking at litigation
No settlement offer is accepted without your approval. Your injury attorney can recommend a settlement to you and advise you as to the value of your injury claim. However, ultimately, that is the extent of our role, i.e., to advise our clients. We don’t control the decisions made by our clients, but rather, while always acting in their best interests, we advise them as to what we think their best course of action would be.
How Long Does a Car Accident Settlement Take in Kentucky?
Every case is different, but most Kentucky personal injury settlements take several months from the end of treatment to resolution. Serious injuries, disputed liability, or multiple insurance policies can extend the timeline. I tell my clients that most of the time, their cases will settle six to eight months from the date of the wreck. However, that is not carved in stone and depends upon a lot of factors. That’s why I prefer to discuss that question directly with my clients when I sign them up.
The Desmond Difference
The settlement process doesn’t have to be confusing or stressful.
When you hire me:
- You work directly with your attorney
- You receive clear updates and honest advice
- You can reach me by cell phone — even nights and weekends
If you’ve been injured in a car or motorcycle accident in Kentucky and have questions about the settlement process, help is available.
Frequently Asked Questions About Kentucky Car Accident Settlements
How long does a car accident settlement take in Kentucky?
I tell my clients that most cases resolve six to eight months after the date of the car accident. Most Kentucky car accident settlements take several months after medical treatment ends. I usually allow 30 days for getting the records in, 15 days for doing a settlement demand, and 45 days for the insurance company to evaluate the claim, once the demand package is received.
Why can’t a settlement be made before treatment is finished?
If you sign a personal injury release and you go blind the next day because of injuries sustained in the car wreck, you are out of luck. That’s why you don’t want to quickly resolve your personal injury claim, assuming there is plenty of insurance out there to cover the full value of your injury claim. Also, Insurance companies need to understand the full extent of injuries before evaluating a claim. Settling too early can result in being underpaid, especially if future treatment is needed.
What is a settlement demand letter?
A settlement demand letter is a detailed explanation sent to the insurance company outlining:
- How the crash happened
- Why their insured is at fault, i.e., negligent
- The injuries suffered
- Evidence of medical bills, lost wages, photographs, and a description of the pain and suffering to support your personal injury claim.
It includes supporting medical records and billing documentation.
What role does PIP play in a Kentucky car accident claim?
Kentucky is a no-fault state, meaning PIP coverage pays the first $10,000 of your medical bills regardless of fault. These payments must be accounted for before final settlement negotiations. However, you can reserve your PIP coverage. In fact, if you were in a serious car wreck, this is always my first recommendation because it may allow us to use both your PIP insurance and health insurance to pay the medical bills stemming from a car accident in Kentucky. I talk about this elsewhere on the site; it is a lot easier to explain if you reach me directly on my cell phone at 502-609-7657. Yes, you will talk directly to me, Attorney Jim Desmond.
Will I have to accept the insurance company’s first offer?
No. The first offer is usually a starting point. All offers are reviewed with you, and no settlement is accepted without your approval.
If you have questions about your specific case, you don’t have to guess.
Clients work directly with me — not a case manager — and I’m available by cell phone when questions come up.