Let’s face it, no one wants to get injured, much less muddle through a potentially lengthy legal process while they are on the mend. But alas, it is part of the process. One of the highlights of any personal injury case is when it comes time to collect your settlement. You’d think that once all of the legalities are out of the way, the payout process would be relatively efficient, but that would be mostly wishful thinking.
The process of collecting your personal injury settlement check can be annoyingly inefficient. Typically, personal injury lawsuit payouts take about 4-6 weeks to completely clear. Most attorneys realize that their clients are eager to begin paying off medical bills and everyday expenses accumulated during their recovery period. And trust that your personal injury attorney is just as eager to have your settlement check clear as well.
Sadly, the process isn’t as simple as it may seem. There are some factors that can stand between you and receiving your settlement check. So what needs to happen before you get your personal injury settlement check?
What Happens Before You Receive Your Personal Injury Settlement Check?
- Sign a Release – First things first. Before any checks will be issued or released to the plaintiff, the defendant’s insurance company will request that you sign a release stating that you will not pursue further legal action regarding this matter. This protects the accused from any future lawsuits related to the same personal injury case.
- Waiting for the Release to Process – Now it is the insurance companies turn to process your signed release. While it could be a quick process, some insurance companies draw things out depending on the size of the settlement. Either way, your attorney will likely be the recipient of your settlement check, before making its way to you.
- Your Personal Injury Attorney Will Deposit the Check to Pay Liens – The next step is for your attorney to deposit the check into an escrow account so that they can distribute it accordingly. This is a way to pay off any unpaid debts, liens or expenses, if they exist.
- Legal Fees Will Be Deducted and You’ll Receive Your Money – You’re in the home stretch. After the liens are paid, it’s time to subtract any legal fees that accumulated during the stretch of your personal injury case. This will include any fees associated with court costs, expert testimony or taxes. Once the final deductions are made, then you should expect to receive your settlement money in the mail. Remember to ask your personal injury attorney to send you a proper invoice for all the deductions made so you know where your money went.
Why The Delay?
It isn’t uncommon for delays to occur when you’re waiting to get a personal injury settlement. It could be something as simple as the other party not signing off on their release form, or the insurance company is taking longer than expected.
In the event that an estate is being sued for damages, it could take longer to sort through the particulars. Cases that involve an estate or multiple parties take additional preparation and require more paperwork.
3 common reasons why your personal injury case may take longer:
- Legal or factual problems with the case
- The case involves a large sum of money
- You are still being treated for injuries related to your accident
Obviously circumstances differ in every personal injury case. If you are dealing directly with an insurance provider, it is absolutely essential that you hire a professional personal injury lawyer to negotiate on your behalf. Some personal injury cases can stretch out for years. Knowing how to properly prepare for the long haul is another thing that your attorney can advise you on.
If all things go smoothly and there aren’t any curveballs at the last minute, you should receive your personal injury settlement check within six weeks. Hiccups do occur, but that is why you have a professional injury attorney to help you navigate these very delays.
If you or someone you love was injured at no fault of their own, it’s time to call the experienced personal injury attorneys at the Law Offices of Jacob Emrani. We can help you get the compensation you so justly deserve. Call today! 888.952.2952