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

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

Posted

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

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Posted

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.

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13 lawyers agree

Posted

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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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8 lawyers agree

Posted

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

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Posted

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.

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6 lawyers agree

Posted

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 only, and should not be construed as legal advice on any subject matter or any particular claim or case. No recipients of content from this answer and site, clients or otherwise, should act or refrain from acting on the basis of any content included in this answer and site without first seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this answer and Website contains general information and may not reflect current legal developments, strategy, laws, verdicts or settlements. This Attorney and Firm expressly disclaim all liability with respect to actions taken or not taken based on any or all of the contents of this answer, general page and entire Website.

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5 lawyers agree

Posted

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 the information provided establish an attorney client relationship. Seek out an attorney with whom you can fully explain your unique situation and enter into an attorney client relationship with that attorney.

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4 comments

Dawn Leigh Hassell

Dawn Leigh Hassell

Posted

The insurance company has 30 days to pay once the receive the release under CA Insurance law.

Tara Kaylene Millan

Tara Kaylene Millan

Posted

Thanks, Dawn for setting me straight! Sure wish they would implement that here.

Daniel Danny Geoulla

Daniel Danny Geoulla

Posted

Tara was correct in her statement. 1) There are a lot of things that insurance companies have to do. Doesn't mean that you are guaranteed to get the check within 30 days. (I've seen them stall and delay all the time.) 2) Just because the attorney received the check within 30 days doesn't mean it will be cleared for disbursement. For example, Medicare / Medi-Cal can take over a year to respond.

Tara Kaylene Millan

Tara Kaylene Millan

Posted

This has been my experience with Medicare. Thank you for the clarification regarding California law.

Posted

My experience is that it takes a few days only.

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Posted

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.

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