If you have finally settled a personal injury case, it’s time to receive your personal injury settlement check. But when will you actually receive this check? Is there a time frame, or will the responsible party just send the check whenever they would like? Alternatively, does it depend on the insurance companies, the type of bodily injury, the personal injury lawyer, or even the attorney-client relationship? Simply put, the length of the settlement process is difficult to predict.
While you can ask your lawyer or counsel information on the matter to better understand when you can expect that check, the truth is that there is no one right answer. Every case is different. Therefore, the timeframe every party receives their settlement check will be different.
However, there are certain aspects that help determine when you could get your personal injury settlement check which covers all other expenses, which we will discuss in detail below. Through the material here, you may be able to determine just when you’ll receive your personal injury settlement check.
How Long Does It Take to Get My Personal Injury Settlement Check?
The answer to this question depends on a lot of different aspects, especially those factors that may have helped determine the case in the first place. As you may be aware, the wait to receive a settlement check can range from just a few weeks to a few months to a few years. The amount of time that passes before you receive your check ranges from case to case, but these instances may either delay or increase when you finally get that personal injury settlement check.
Possible Delays In Receiving Your Check
Delays are only too common when it comes to personal injury settlement funds, unfortunately. There are lots of reasons why delays can happen, and it’s important to pay attention to your case so that you’re aware of any delays that may come your way. Plus, if you are aware and understand why there is a delay, you might be able to fix it so that there no longer is one. Then, you can get your settlement check faster.
If you are getting settlement money and possible medical expenses and other bills from an insurance company, one common delay has to deal with the internal dealings of the company. If the insurance company’s claim is dealt with in one state office, but the check comes out of another state, it might take a while for the insurance company to deal with this and get everything situated.
Another potential delay has to deal with if you owe any child support. If you do, a lien will be placed on your settlement check. To get this check, you have to pay off the lien. Your lawyer could potentially try to get this lien lowered, but you often won’t get it taken off completely. So, you’re going to have to pay something to get the money if you owe any type of child support when you receive the check.
A medical lien can also be placed on your settlement check if you have not paid the medical help you may have received as a result of the injury. You will, again, have to pay this lien before you receive all of the money. However, your lawyer can help you potentially lower it to terms that you can negotiate. If the case involves minors or any form of estate, it will also take a bit longer because of the factors of the case.
A very common reason why there may be a delay in your settlement check is if you and the defendant have to sign a release form. More than likely, you will have to sign a release form. This is why staying on top of your case and being up to date helps, as you can quickly sign the release form and get the process rolling.
Of course, it may take a bit to even decide on the aspects and factors of the release form, as both parties have to agree. The release form normally makes sure that the defendant cannot be sued again for the same thing before they agree to pay anything. Again, just make sure that you are on top of everything, fill out and agree to the necessary forms and releases, and you should be on your way to receiving your check.
The Check Needs to Clear
Commonly, the settlement check will be sent to your attorney (if you were represented by one) before it is sent to you. Once the attorney receives the check, they will put it in an escrow account and wait for it to clear.
Here’s the thing: the larger the check, the longer it may take to actually clear. Sadly, there’s really nothing you can do at this point other than wait for it to clear. You can’t do anything to make this process go any faster, as it’s out of your hands completely.
Once the check clears, the attorney then normally takes the share that you both agreed on for their services, and they will send you the rest. While it may take some time to clear, your check will be on its way soon once it hits this process. Again, this part is all about waiting in the final stages, as it’s all out of your hands so there’s nothing you can really do.
The Final Word About Personal Injury Settlement Checks
Finally receiving your personal injury settlement check can take a long time—or it can take no time at all. It really just depends on your own specific case and all of the factors that complete it. To make sure that things go as fast as possible, stay up to date with your case until you receive that final settlement check, signaling the end of the case. Make sure you are aware of what you should do and ask your attorney (if you have one) what you should do every step of the way.
Sometimes, there are delays that are simply out of your hands. But, if you stay on top of your case and know what to expect, there is a chance that things could go a bit faster for you. Hopefully, you get your personal injury settlement check sooner, rather than later.
Contact Walker Law In San Diego Today
Should you find yourself unsure about your personal injury check, contact Walker Law today. As a specialist personal injury law firm based in San Diego, we will be able to give you professional advice to help take your case forward.
Settlements, Taxability: https://www.irs.gov/pub/irs-pdf/p4345.pdf
Filing a Lawsuit: http://www.courts.ca.gov/9616.htm
City of San Diego Forms: https://www.sandiego.gov/riskmanagement/services/liability