How long does it take after signing the claim of release form to receive your settlement?

Asked 11 months ago - Los Angeles, CA

I just signed a settlement release form from Allstate and sent it to my attorney, about a month ago. I’m want to know how long does it take to receive my check? I asked my attorney, but she just tells me, that I will be receiving it soon, after the "settlement draft is received from the insurance company"

How long does this usually take? Are my attorneys not telling me something?

Attorney answers (9)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . It can take awhile. I agree with your attorney -- you should receive it soon. Then, of course, the draft needs to clear before your attorney releases funds to you.

    In the meantime, ask your attorney to forward to you a disbursal agreement so you will know exactly how much you will be receiving from the settlement so there will be no further delay than necessary.

    You should receive notice directly from the insurance company when the draft is forwarded to your attorney. Good luck.

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409
    www.mrdaymude.com

    Litigation • Lawsuits & Disputes • Real Estate • Probate • Wills & Trusts • Bankruptcy • Personal Injury • Individual & Small Business Legal Matters

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
  2. Christopher John Gansen

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . It can be a few days or a few months, depending on whether you have medical bills to settle and how fast the insurance company moves. It's a good practice for your lawyer to make any settlement contingent on receiving the settlement check within 10 days of the defendant's receipt of the release. Keep in mind, though, it's somewhat out of your lawyer's hands how fast the check is received. I would ask your lawyer to CC you on any and all efforts to get the check so you know they're working on it.

  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . It varies from two weeks to a month. The delay may be an issue it gets to your lawyer's office because it has to clear his Trust Account and then he has to negotiate your medical providers and pay all outstanding bills before you get your share. Be patient. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Anthony Janji

    Contributor Level 10

    6

    Lawyers agree

    Answered . Once a claimant decides to accept an offer made by an insurance company, the company will proceed to send a release to the attorney's office. Once the claimant and his or her attorney sign and release to the insurance company, it can take between 3-10 working days to finally receive the settlement check. This varies from one insurance company to another and the procedures they follow prior to issuing a settlement check.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Sit tight....it will come...don't let it burn a hole in your pocket when you get it...

  6. Robert Steven Walch

    Contributor Level 12

    5

    Lawyers agree

    Answered . It always takes a little time for the entire process. We just sent a settlement Release to AllState yesterday and they sent a letter to us today saying it will take 5-6 business days for the check to be processed, mailed and received, as their checks get sent from Dallas, Texas.

    Disclaimer The information contained in this answer and Website is provided for general informational purposes... more
  7. Daniel Danny Geoulla

    Contributor Level 9

    4

    Lawyers agree

    Answered . This depends on whether you had Medicare? Medical/Medicaid? ERISA liens? Medical liens? Hospital Liens? County Hospital Lines? Prior Attorneys? etc.....

    There are a lot of steps and a lot of things that need to be cleared before your attorney is legally allowed to disburse any funds. These are things that are set by law, and you attorney must comply with the law before disbursing the funds. Also, there are third parties (ie., medicare, medi-cal, etc...) that may have to clear the funds before your attorney can disburse a penny of it to you.

    MEDICARE CAN TAKE OVER ONE YEAR TO RESPOND AND THERE IS REALLY NOTHING ANY ONE CAN DO ABOUT IT. IT IS NOT YOUR ATTORNEY'S FAULT. HE HAS NO CONTROL OVER MEDICARE / MEDI-CAL. HE MUST FOLLOW THE LAWS.

    In California, attorney trust accounts are HIGHLY regulated. The California Bar can see every single check that comes and goes out of that account! I DOUBT that your "attorneys not telling" you something. Just sit tight and wait.

    For more information about our firm please see www.bdinjurylawgroup.com or call 866-99-52529........ Always... more
  8. Tara Kaylene Millan

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . It can take any where from a week to months and months. If Medicare is involved it can take an incredible amount of time. A month is not a long time.

    There may be liens (medical bills) that are getting sorted out, too.

    Communicate with your lawyer. S/he should have told you what the hold up is and Allstate should have a date as to when they cut and shipped the check.

    The information provided was in answer to a general question and cannot be relied upon as legal advice, nor does... more
  9. Oscar Ernesto Toscano

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . My experience is that it takes a few days only.

    I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have... more

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