When you are injured from an accident, your expenses can add up, especially if you are out of work while recovering from your injuries. After months of legal negotiations, you’re relieved to resolve and ready to apply your settlement to those bills immediately.
While there is a light at the end of the tunnel, a few more steps remain before you receive your settlement check. So, how long after the settlement do you get the money? Understanding the process can help you track your settlement and know when to expect your payment to arrive.
How Can a Personal Injury Case Reach a Settlement?
When you file a personal injury claim or civil lawsuit, your attorney will work with you to establish a solid case to present at trial. They will compile documentation, photographs, witness statements, and expert testimony to prove who was at fault in the accident. With this evidence, they will place a monetary value on the losses you incurred due to the injuries you sustained.
In many cases, insurance companies presented with this evidence will try to settle out of court to avoid the high legal costs of trial. Sometimes, even after the case goes to trial, the insurance company may realize that they might still benefit from settling out of court rather than spending more on legal expenses.
In either case, the next step is negotiating a settlement agreement between you and the insurance company. A skilled personal injury attorney should have experience creating and reviewing client settlement contracts.
A settlement agreement is a legally binding contract in which one party agrees to pay the other a specific amount to end a personal injury case. Your attorney will walk you through the settlement process and work to negotiate a fair settlement on your behalf.
The case may still go to court if you or the other party’s insurance company cannot agree to all payment terms. However, most personal injury cases resolve through out-of-court settlements.
How Long Is the Settlement Process for an Injury Case?
As part of a personal injury settlement, you and the opposing party or their insurance company will agree to an amount that will fairly compensate you for your injuries.
Upon reaching an agreement, your attorney and the insurance company will take these steps:
- Order of Settlement: If you have filed a lawsuit but reached an agreement out of court, the attorneys involved must inform the court. The court will then issue an Order of Settlement, which requires that both parties complete a settlement agreement and release of liability. Upon receipt of these documents, the court will dismiss the case. If either party fails to complete the required documentation, the case will remain open, and litigation will continue.
- Signing the Settlement Agreement: This is the primary contract between yourself and the opposing party. The settlement agreement outlines the settlement amount and acknowledges the settlement as a legally binding contract accepted by both parties instead of a judgment. Most settlement agreements include a clause or a separate Release of Liability form that prevents you from seeking additional compensation from the opposing party for the injury.
- Opposing Party and Insurance Company Review: Once you have signed the paperwork, the opposing counsel or insurance company will review the forms to ensure everything is as agreed. If there are any discrepancies, both parties will address them now.
- Cutting the Check: When the paperwork has been completed, signed, and processed with the insurance company, they will cut a check for the agreed amount and submit it to your attorney.
- Check Deposit and Lien Settlements: Your attorney will deposit the check into a trust account on your behalf and use the settlement money to pay your outstanding liens and invoices, including:
- Medical bills
- Outstanding child support
- Medicare, Medicaid, or the Pennsylvania Department of Human Services (DHS)
- Private health insurance
- Auto insurance
- Legal Fees: Your attorney will calculate and pay their firm for your legal fees. Your initial agreement with the attorney outlines these fees. Personal Injury attorneys typically charge an agreed-upon percentage of the total settlement under a contingency fee agreement.
Common Terms Found in an Injury Settlement Agreement
Settlement agreements can be complex, with a wide range of clauses and addendums designed to protect both parties from future actions, defamation, or breaches of confidentiality.
Standard components of a settlement agreement include:
- Settlement Terms: This is the central portion of the Settlement Agreement and consists of the amount paid in the settlement, the payment terms, and the aspects of litigation affected by the settlement.
- Release of Liability: The opposing parties will usually ask you to sign a Release of Liability that essentially allows both parties to exit the case without either party admitting wrongdoing. The release will list all involved parties and outline the provisions affected by the Release of Liability if the agreement is not comprehensive. Upon signing this release, you cannot file any additional claims against the opposing party related to the items listed in the release.
- Confidentiality Agreement: When you reach a settlement agreement in an injury suit, the agreement usually includes a confidentiality clause that prevents you or other individuals involved in the suit from discussing non-public details of the case. This portion may be included in the agreement or added as a separate document.
If you have questions about the terms in your settlement agreement, your injury lawyer can explain the different clauses and how they affect your lawsuit. You must understand your rights and obligations concerning the settlement so you can comply with its terms.
How Much Money Will I Receive for My Injury Settlement?
Settlement amounts differ widely depending on the type of injury and damage incurred. You can expect a settlement to range from a couple of thousand dollars for a minor injury to millions for long-term or debilitating injuries.
Factors that affect the value of your injury claim include:
- The severity of the injury
- Amount of medical intervention required
- Length of recovery and physical therapy treatments
- Long-term medical assistance
- The time you were out of work
- Inability to return to work
- Reduced mobility
- Reduced quality of life
- Career change or long-term unemployment due to injury
- Medical equipment, prosthetics, and medication
How Long After Settlement Do You Get Money?
After settling your injury case, you can expect your attorney to receive payment from the insurance company within three to six weeks. This time frame differs for every case and may be longer depending on the payment agreement and your bank’s deposit policies. A few other factors may affect how long it takes to receive your settlement funds, including:
Lump-Sum vs. Structured Settlement
If you have agreed to installment payments in a structured settlement, you will receive your settlement payments in a set schedule over an agreed time frame. Discuss this payment plan with your lawyer since you will still be responsible for outstanding bills, liens, and attorney’s fees. You may be required to set up automatic payments to your lienholders and attorney to pay your bills promptly.
With a lump-sum payment, the settlement process is more straightforward, and you can expect to receive your compensation by check from your attorney after any outstanding liens and attorney fees are paid.
Lump-sum payments go to your attorney via check, and after it clears, they disburse the funds to cover your liens and attorney fees. Once you meet these financial obligations, your personal injury attorney will cut a final check for the remaining amount and send it to you.
Your Bank May Delay the Payment
With large lump sum payments, banks often hold the deposit amount until they verify its validity. While this is standard for many banks, verification can take up to six days if the check is cut from a different bank. In a typical settlement check timeline, if the payment is made from the same bank, your deposit should only take a couple of days to clear since the bank can more easily verify the deposit internally.
If the funds do not go into your account in a reasonable time, contact your attorney. They can contact the bank on your behalf to determine the cause of the delay and help resolve any issues so that you can receive your funds sooner rather than later.
Why is My Settlement Payment Delayed?
Although most injury settlement checks arrive approximately six weeks from the settlement date, several other factors can delay payment. In most cases, your injury attorney will be able to walk you through the process and keep you apprised of the state of your settlement.
Some situations that can delay the payment process include:
- Insurance company delay: Sometimes, the insurance company may experience an internal error or delay when completing the forms or cutting your check. There may be no set period for the insurance company to pay your settlement; however, most companies submit settlement checks within three to six weeks.
- Your lawyer is paying liens: If your case is long-lived or very complex, it can take some time for your attorney to review your medical bills and other costs and send checks to the appropriate parties.
- Your lawyer is negotiating liens: Sometimes, your attorney may negotiate various invoices on your behalf before they submit payment. Discuss a split payment with your attorney if you need to expedite your settlement check. They may be able to cut a check for a portion of your payment while withholding a certain amount for bills and fees. Once everything is paid, they can send any remaining amount to you in a second check.
- The mail is delayed: If your attorney is mailing the check, you may experience postal delays. While local mail tends to get to you within a few days, long delays are not unheard of, especially during the holidays or poor weather. If you think your check was lost in the mail, contact the post office and your attorney to find a resolution. If the post office cannot locate the check within a reasonable period, you may need to ask your attorney to cancel it and issue a new one.
Contact an experienced personal injury attorney if you think getting your money takes too long after the settlement. Whether you believe your check is unduly delayed or have any other concerns, a dedicated personal injury lawyer will ensure you receive your settlement funds as quickly as possible.