I won settlement on a case on Nov 12th of this year, the lawyer said its standard practice that anyone receive their money at least 30 days after winning. Its past 30 days and I'm still waiting to get paid. Does it usually take this long to receive money? is there anything I can do to speed up the process, my lawyer isn't being helpful.
Thirty days is reasonable. However, with the holidays, there may be an understandable slow down. I suggest that you check with your attorney for a status update and to be certain that he has provided the insurance company with any necessary documents. If he has done all of that, and there has been no check issued, then ask you attorney to follow up with opposing counsel.
Ask your attorney about the reasons for delay. Are there medical liens that need to be resolved? If there is a Medicare lien, your attorney should be able to explain the process inovlved in resolving that type of lien which will include telling you that there might be an extended wait of a few months for things to be completely resolved. There must be a cause for the delay which frequently happens with settlements. Communication with your attorney is the best way to understand what is happening and what to expect.
Once you settle a claim, there are several key steps that you must take. You must provide the defendant (or the defendant’s insurance company) with a release from the claim. The defendant (or the defendant’s insurance company) must process the payment. Your attorney will receive the payment and then the check must clear the bank. Only after the money clears the bank can the attorney send a check to you.
In New York, the isnruance company has 20 days form when they receive the settlmeent papers to send the settlement check.
As my colleagues have noted, there can be extenuating circumstances that can lead to delays. If there are any lines, your attorney may need to negotiate the lien amounts and therefore, reduce what you have to pay. If a child is involved, the courts may need to approve the settlement. In some cases, defendant’s, such as municipalities, have longer to issue a check.
You should speak to your attorney to understand any details in your process and to ask if he or she has followed up on the check processing.
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