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As we have covered, a settlement check timeline can be as long as three months, or even a year. The reason to avoid hasty settlement is that some injuries may take longer to manifest their severity or for surgery or treatment to provide maximum evidence to the injured party.
Usually, a settlement check is sent to the attorney of record. The attorney may hold the check in a trust or escrow account until it clears. Your attorney will also deduct his or her own share from the settlement funds for the legal services that he or she provided and for the advancement of any legal costs.
Money awarded in personal injury settlements in California is technically “exempt” under the law. That means that creditors cannot legally garnish that money (take it from your bank accounts). In cases like this, your settlement money essentially gets taken by mistake.
The average amount of time to receive a settlement check after a release is signed is about five to six weeks. However, several factors can delay this process from the specific process at your insurance company to debts and payments that may hold up your payment.
Contingency Fee Percentages In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award. For example, if you receive a settlement offer of $30,000 from the at fault party's insurance company, you will receive $20,000 and your lawyer will receive $10,000.
Most bodily injury settlement checks take 1 to 3 days to clear. Once it clears, your attorney can write your check-out immediately. The bodily injury settlement check is usually made out to both the attorney's office and the client.
If it takes longer than a month to receive your settlement check, it's time to start asking questions. There may be a reasonable explanation for why the insurance company hasn't issued your settlement check. Common reasons for delays include: You haven't signed and returned the settlement and release agreement.
Receive Your Settlement Check After your attorney clears all your liens, legal fees, and applicable case costs, the firm will write you a check for the remaining amount of your settlement. Your attorney will send you the check and forward it to the address he or she has on file for you.
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