Question for Attorney Carbone: How Long Does it Take to Get My Personal Injury Settlement?
Question: I got into an accident a few years ago. My insurance refused to pay for my injuries. I sued the insurance company and successfully reached a settlement with the insurance company. That was more than eight months ago and I have yet to receive a check. What gives? Shouldn’t I have gotten the settlement check by now?
Answer: One of the first questions we receive when consulting with a client is how long does it take to receive the personal injury settlement check. Before we answer this question, let’s discuss the settlement process.
Reaching a settlement in a personal injury case could take from only a few weeks to a few years, depending on the severity of the accident. Once an agreement is set in place, you will first have to sign a release stating that your claim has been settled. This release will include language that says you are giving up the right to sue either the person or the company who is responsible for your injuries. In exchange for your giving up your claim, you will receive a sum of money. The release will then be given to the insurance company to process your settlement.
Your lawyer is paid on a contingent fee basis. This means a percentage of your personal injury settlement will pay for his services. This percentage has been agreed upon prior to the settlement.
If there are any outstanding medical bills, it is your lawyer’s responsibility to make sure these bills are paid. Once the settlement has been paid, it will go to your attorney. Your personal injury lawyer will then deduct any fees, out-of-pocket expenses, and other possible costs associated with the claim (such as those medical bills). Once the deductions have been made, you will then receive the check from your attorney’s office.
Although there are exceptions to this rule, it can take anywhere from two to six weeks for your settlement to be processed. Being that’s been more than a month, you may want to contact your attorney to see what the hold up is.
If you were in an accident and are in need of a personal injury lawyer, we can help. Contact the Law Offices of Anthony Carbone today for free consultation.