Settlement check takes how long?
Depends. Clear liability, moderate injury, cooperative insurer settling pre-lawsuit? 6-9 months. Disputed fault requiring litigation? 18-24 months. Trial necessary? 24-36+ months.
Timeline isn’t arbitrary. It’s driven by: injury severity (can’t settle until maximum medical improvement), liability complexity (simple rear-end vs multi-vehicle), insurer behavior (good faith vs bad faith), discovery requirements, court backlog, and whether case settles or goes to trial.
Understanding timeline helps manage expectations and financial planning. Knowing you won’t see settlement for 18 months affects decisions about medical bill payments, living expenses, and whether to accept early lowball offer.
This guide breaks down Georgia motorcycle accident case timelines by scenario, explains why certain phases take months, identifies what causes delays, and shows how to potentially accelerate resolution.
Fast Timeline (3-9 Months): Pre-Lawsuit Settlement
Scenario characteristics:
- Clear liability (rear-ended, clear traffic violation, witness confirmation)
- Moderate injury (broken bone, road rash, soft tissue)
- Full recovery or clear prognosis
- Cooperative insurer
- Settlement value under $100,000
Month 1: Treatment and Initial Documentation
- Crash occurs
- Emergency treatment
- Initial medical appointments
- Attorney hired (if applicable)
- Initial demand to insurer or attorney notification
Months 2-4: Continued Treatment
- Ongoing medical care (PT, follow-ups, surgery if needed)
- Medical records collection
- Documentation of wage loss
- Property damage claim resolves
- Cannot settle yet – still treating, final prognosis unknown
Month 5-6: Maximum Medical Improvement (MMI)
- Doctor declares MMI (“you’ve recovered as much as you’re going to”)
- Final medical bills tallied
- Permanent impairment rated (if applicable)
- Future medical needs projected
- Now can calculate full claim value
Month 7: Demand Package
- Attorney sends demand letter with:
- Complete medical records
- Bills documentation
- Wage loss verification
- Valuation calculation
- Settlement demand
Month 7-8: Negotiation
- Insurer responds with counteroffer (typically lowball)
- Attorney counters
- 2-4 rounds of offers/counteroffers
- Settlement reached
Month 9: Settlement Finalization
- Release drafted and signed
- Medical liens resolved (Medicare, health insurance subrogation)
- Settlement check issued (30-45 days from signed release)
- Attorney distributes funds
Total timeline: 9 months from crash to check
Standard Timeline (12-18 Months): Litigation Settlement
Scenario characteristics:
- Liability disputed (comparative fault alleged)
- OR severe injury requiring extensive treatment
- OR uncooperative insurer
- Lawsuit filed but settles before trial
Months 1-6: Treatment Phase (same as above)
Month 7-8: Pre-Lawsuit Demand Rejected
- Demand sent
- Insurer lowballs or denies
- Attorney advises lawsuit necessary
Month 8-9: Lawsuit Preparation and Filing
- Complaint drafted
- Filed in Superior Court ($400 filing fee)
- Defendant served
- Defendant has 30 days to respond
Month 10-11: Answer and Initial Discovery
- Defendant files answer (often denying liability, asserting comparative fault)
- Initial discovery requests exchanged:
- Interrogatories (written questions)
- Requests for production (documents)
- 30 days to respond
Month 12-14: Discovery Phase
- Medical records produced
- Defendant depositions scheduled
- Your deposition (insurer’s attorney questions you under oath)
- Treating physician depositions (if needed)
- Expert reports exchanged
Month 15: Mediation
- Many Georgia counties require mediation before trial
- Neutral mediator facilitates settlement discussion
- Full-day session
- 70-80% of cases settle at mediation
Month 16-17: Post-Mediation Negotiation
- If mediation doesn’t settle case, negotiations continue
- Trial date approaching creates pressure
- Settlement often reached 2-4 weeks before trial
Month 18: Settlement Finalization
- Same process as pre-lawsuit settlement
- Liens resolved
- Check issued 30-45 days post-release
Total timeline: 18 months from crash to check
Trial Timeline (24-36+ Months): Full Litigation
Scenario characteristics:
- Serious liability dispute
- Severe/catastrophic injury
- Bad faith insurer behavior
- High-value case (>$500,000)
- Settlement offers inadequate
Months 1-15: Same as Standard Timeline Above
Month 16: Mediation Fails
- No settlement reached
- Trial preparation begins
Month 17-20: Trial Preparation
- Expert witnesses finalized (accident reconstructionist, medical experts, vocational expert, economist)
- Expert depositions conducted ($3,000-5,000 per expert)
- Motions in limine (pre-trial evidentiary motions)
- Trial exhibits prepared
- Witness list finalized
- Jury instructions drafted
Month 21-23: Pre-Trial Delays
- Trial date often continued (court backlog, scheduling conflicts)
- Georgia courts differ:
- Fulton/DeKalb Counties: significant backlog, 12-18 month wait for trial date
- Rural counties: faster, 6-9 month wait
Month 24-25: Trial
- Jury selection (1 day)
- Opening statements
- Plaintiff’s case (witnesses, experts, medical testimony)
- Defense case
- Closing arguments
- Jury deliberation
- Verdict
Motorcycle trials typically 3-5 days for moderate cases, 1-2 weeks for complex/catastrophic cases.
Month 25-26: Post-Trial Motions
- Losing side may file motion for new trial or JNOV (judgment notwithstanding verdict)
- Judge rules within 30 days typically
Month 26-28: If Appeal Filed
- Appellant (losing party) files notice of appeal
- Briefs prepared (6+ months)
- Oral argument
- Court of Appeals decision (6-12 months from filing)
Month 36+: Final Resolution
- Appeals exhausted
- Judgment final
- Collection process begins (if you won)
Total timeline: 36+ months from crash to final check
What Causes Delays
Medical treatment extending:
Can’t settle until MMI reached. If doctor says “let’s wait another 6 months to see if this resolves,” settlement waits 6 months.
Insurer investigation dragging:
Insurer “investigating” for months before responding to demand. Tactic to pressure you into early settlement.
Discovery disputes:
Defendant refuses to produce documents, forcing motion to compel. Judge hearing delayed. Adds 2-3 months.
Expert availability:
Top accident reconstructionists booked 6+ months out. Deposition scheduling conflicts. Delays trial date.
Court backlog:
Fulton County Superior Court has significant backlog. Trial dates set 18 months out, often continued.
Settlement negotiation breakdown:
Mediation fails, both sides dig in, case proceeds to trial adding 12+ months.
Lien resolution complexity:
Medicare/Medicaid liens take months to calculate. Can’t finalize settlement until liens resolved.
How to Potentially Accelerate Timeline
Finish medical treatment quickly (if appropriate):
Don’t rush treatment to settle faster if you’re not at MMI. But don’t delay appointments unnecessarily either.
Respond to discovery promptly:
Delays in producing medical records or answering interrogatories extend timeline.
Accept reasonable settlement:
If insurer offers 70-80% of calculated value and you need money now, settling beats waiting 18 months for trial hoping for 85-90%.
Choose mediation-friendly county:
Some counties push cases to mediation faster. Attorney can advise on venue strategy.
Hire attorney early:
Attorney hired month 1 starts building case immediately. Attorney hired month 12 starts from scratch, adding time.
Realistic expectations prevent pressure to settle cheap:
Knowing case takes 12-18 months helps you plan financially instead of accepting $40,000 lowball at month 3 because bills are mounting.
Timeline by Injury Severity
Minor injury (soft tissue, full recovery):
3-6 months total. Fast treatment, clear prognosis, low settlement value means insurer settles quickly.
Moderate injury (fracture, surgery, some permanence):
9-15 months. Treatment takes 6+ months to MMI, negotiation/litigation adds months.
Severe injury (multiple surgeries, significant permanence):
18-30 months. Extended treatment, higher value, more complex valuation, often requires litigation.
Catastrophic injury (paralysis, amputation, TBI):
24-48+ months. Lifetime medical needs require life care plan (6+ months to prepare), high value invites litigation, often goes to trial.
Timeline and Financial Pressure
Month 3 reality:
Medical bills: $25,000 and mounting. Motorcycle totaled. Can’t work. Savings depleted. Insurer offers $35,000.
You’re desperate. $35,000 sounds like lifeline. But calculated value is $200,000.
Options:
Accept and end financial pressure: Get $35,000 now (after attorney fee and costs: $20,000 net to you). Covers immediate bills. Leaves $180,000 on table.
Reject and endure 12-15 more months: Eventually settle for $120,000 (after attorney fee and costs: $75,000 net to you). $55,000 more than early settlement. But requires surviving 12-15 months without settlement money.
Strategic:
- Negotiate with medical providers (payment plans, lien agreements)
- Borrow from family if possible
- Use credit carefully (high interest debt reduces net recovery)
- Apply for disability if qualified
- Attorney may advance certain living expenses in extreme cases (rare, case-specific)
Understanding timeline prevents panic-accepting inadequate offer.
Georgia motorcycle accident case timeline: Fast (3-9 months) if clear liability, moderate injury, cooperative insurer, pre-lawsuit settlement. Standard (12-18 months) if lawsuit filed but settles pre-trial – includes discovery, depositions, mediation. Trial (24-36+ months) if no settlement, case proceeds to verdict, potential appeal. Timeline depends on: injury severity (can’t settle until MMI reached), liability dispute (fault contested = litigation), insurer cooperation (bad faith extends timeline), court backlog (Fulton/DeKalb slower, rural faster). Cannot accelerate medical treatment phase – settling before MMI means accepting unknown future injury risk. Most cases settle – 95%+ resolve before trial. Patience required but understanding timeline prevents pressure to accept inadequate early offer.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.