A personal injury settlement refers to the monetary compensation that a victim/plaintiff receives from a defendant in order to prevent the case from going to trial (provided that the plaintiff accepts the settlement).
If you have completed the process of filing a personal injury claim, you may be wondering, how long does it take to get a settlement check? It’s true that most victims in personal injury cases are anxious to receive a settlement check to pay medical bills and other mounting expenses received as a result of the accident.
Remember, you don’t have to take the first check the insurance company sends you, speak with a car accident attorney first. In some cases, pushing for a trail, or at least having your own personal injury attorney may increase the compensation you can receive from a settlement. This differs on a case to case basis.
The personal injury settlement amount is determined after both parties have examined the evidence and found rough estimate of how much the case is worth. Both parties will then sign a settlement agreement. The plaintiff also signs legal documentation giving up the right to pursue a future lawsuit.
How long does it take to get your settlement check after the release is submitted? It typically takes about four – six weeks depending on the complexity of the case. This is about average for cases in Florida and Tennessee.
Here are some of the reasons your settlement check may have not arrived yet.
The legal and factual matters of the case. First, attorneys begin by determining who is liable for the accident. In cases where liability is difficult to determine, the defendant’s insurance will offer a low settlement. This also prolongs the process of arriving at the settlement amount. A doctor’s testimony may also be necessary. In such cases, the doctor may be asked to estimate how much of the defendant’s carelessness caused your injury, which is used to determine a reasonable personal injury settlement offer.
Medical improvement. It’s common to only process a personal injury claim once you have reached the maximum medical improvement. Settling during treatment or while on medication will forfeit your right to go after the defendant for a higher settlement amount if an unforeseen injury or complication arises later on. You may be responsible for the resulting medical expenses.
If the settlement amount is higher than average. The defendant’s insurer will not pay a large sum of money without a meticulous investigation. In cases where the settlement for car accidents reaches six figures, it’s common for the review process to take much longer. You can increase the chance of getting the most money from an accident injury claim by following your lawyer’s and doctors’ advice closely.
What happens after you sign a settlement release?
- After the settlement release is signed, it is forwarded to the insurance company for processing.
- Once processing is completed, the insurance company will close your claim and forward the check to your attorney.
- Your personal injury attorney will then place the proceeds into an escrow account. Any claim against your settlement will be paid out of your personal injury settlement, for example: medical liens.
- Your attorney’s fee will be deducted from the injury settlement amount. A final check will be sent to you by your personal injury attorney.
- It takes about six weeks to receive a settlement check once the release is signed and the insurance company agrees to pay.
If you have not received your personal injury settlement check after four-six weeks, you should contact your attorney and ask for an update. Your personal injury attorney will discuss possible reasons why you have not received your check yet. Call a West Plam Beach car accident lawyer to learn more.
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