This blog post discusses how long it will take to get your personal injury settlement check AFTER both sides agree on a settlement amount on a pre-litigation case. The post does not discuss how long a personal injury settlement takes to fully resolve or cases that resolve in litigation.
Pretend you resolve your case on January 1, 2022. It should take somewhere between one week and eight weeks to get money in your pocket.
Simple Personal Injury or Car Crash Case Pre-Litigation
If your case is simple than all of the medical expenses were paid by your own carrier. This is called “exclusive of PIP.” In this circumstance it is not necessary to take money from the settlement to pay your medical expenses. You pay your attorney fee/costs and the remainder is yours. On cases like this it usually takes about ten business days to get money in your pocket. However, your lawyer does not control how fast the other side sends a check. The lawyer also does not control the United States Postal Services. For that reason, I warn my clients it could be up to thirty days, but usually is much faster.
More Complicated Personal Injury Case
Cases get more complicated (and probably more valuable) if the medical expenses are high. For a car crash case if your medical expenses are over $10,000.00 there will be “outstanding” medical expenses. The other side accounts for this in trying to settle your case. Your payout will be higher because you will be expected to pay back these outstandings. Sometimes it is possible for the outstanding medical expenses to be negotiated. This is a case by case basis. If there is not a lot of money to go around you have a higher chance of negotiating. If your case was a grand slam the providers won’t be inclined to negotiate.
There is also the issue of liens. Medicare, Humana, Veterans Affairs, Blue Cross, Medicaid, Short Term Disability, Workers Compensation, and other lienholders can exist. They must be paid back from the proceeds of the settlement as terms of the settlement. That is a whole different story. If there are liens it will slow up the prompt payment of your case.
Once the numbers are right your lawyer will have you sign paperwork outlining where all the money goes. A settlement release will be signed. If the other side is trying to add things to the release there may be a hold up.
Motion to Enforce Settlement
The way to fix a potential hold us is to file a motion to enforce settlement. This is when you ask a judge to force the other side to pay. This rarely happens, but Dettman Law has filed Motions to Enforce Settlement in the past.
All of the above is a GENERAL idea of how long it takes to get your settlement money after a crash. If your case goes to litigation the case will take longer. It may result in you getting more money. If you have specific questions about your case I am happy to answer.
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