How long will it take to get a settlement check from a lawsuit
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After being injured in an accident and dealing with its aftermath, you have decided to hire a personal injury lawyer and file a claim. You urgently need the money to pay for your ongoing medical expenses and maybe even to live if you have lost your job due to injuries.
You may have discovered that your lawyer has successfully negotiated with the other party or their insurance company, and an amount has been settled upon. Now, all you need to know is when these funds will be coming to you. How long will you have to wait?
Determining the amount of the personal injury settlement
It is common for insurance companies to offer accident victims an amount after they have been injured. Experienced personal injury lawyers know that this amount tends to be too low. They also know that many times people are either intimidated or in urgent need and they agree to settle for whatever payout they have been offered.
However, working with a lawyer means that you should not have to settle for just any amount. Particularly when there is evidence that can be presented to the insurer to prove the severity and extent of your injuries. Your lawyer can help you calculate an amount that would compensate you fairly for your injuries and the expenses you have incurred.
Once both parties have agreed on the amount, you would have to sign a release stating that you are giving up your right to pursue a future lawsuit against them for the same accident.
How long should the check take to get to you?
Generally, you can expect to get your payment between four and six weeks after the documents have been signed. If this length of time has passed and still no check, here are some reasons why it may be delayed:
Legal and factual issues
If it is difficult to determine liability, the insurance company will either offer you a low payout amount or will prolong the process before arriving at a settlement amount. It may be necessary to call upon experts like an accident reconstructionist or a doctor. Experts can help determine factors that may have caused the injury and come up with a reasonable personal injury settlement offer.
Medical improvement
Medical improvement in this situation refers to the fact that your injuries might not have healed as much as can be expected. Reaching a settlement while you still have not reached the point of maximum medical improvement implies that further costs may be upcoming. Settling while you are still under treatment is therefore not a good idea.
A higher-than-average settlement amount
If the amount of your settlement is higher than expected for the insurance company, they will want to conduct a thorough investigation before paying. In complex cases, the review process may become quite lengthy. The only thing you can do in this situation is to continue following your lawyer’s and doctor’s advice.
If all of the above issues have been addressed and you are still waiting for your check, Balkin & Mausner recommend that you talk to your lawyer and ask for an update. They may be able to explain and address any possible reasons for the unusual delay.