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In the state of PA. how long does it take to get a check from a wrongful death ruling that was handled at a mediation?

Southampton, PA |

Some details, 30 days ago, it was sent to the IRS for a breakdown of what is and is not taxable, ( wrongful death/survivor's benefits ), Medicare has to be repaid the small portion owed them and liens lifted, as a result. Hopefully both of these are being done at the same time.

I still have not signed one paper, including at the mediation saying that I agreed to the settlement. Can you give me any ideas on how long this process will take? Thank you.

Attorney Answers 7


  1. Best answer

    I am sorry to report that we have seen some cases take over 90 days to get the liens straightened out. The government takes time to gather everything and move the case through. The exchange of closing documents and money may have to wait until then, meaning the final distribution can take even longer. Your attorney is the best resource to tell you the status and expectation in your case.

    Best regards,
    James Heiting


  2. There is a 20 days time limit after you sign the release but you haven't


  3. Without a lawyer, you would only be getting a fraction of the true worth. The liens should be negotiated down to 5 cents on the dollar BEFORE you sign a release. Best bet is to retain a local lawyer with a low contingency fee, less than 30% with NO costs deducted, so you get the lion's share of the settlement, not your lawyer. You may also get a much bigger recovery if it goes to trial.


  4. Until you sign, nothing can get paid. If you agreed, you need to do that to get the ball rolling. The resolution of the case is not just the amoutn of money, but also how that is distributed. You have recounted a lot of steps in order to get it done, all are possibly required, along with others. This can take a month or a year or anywhere in between. Your attorney wants to get it done so they can get paid as well. Speak to your lawyer on the specifics.


  5. I am assuming you have counsel. He or she is in the best position to give you advice. Medicare is notoriously slow. Just be patient.


  6. Don't sign anything until you retain a wrongful death lawyer with a low contingency fee.


  7. I agree that it can take a long time to resolve medicare liens although in many cases this can be worked out or started well before a mediation. If something doesn't smell right you may want to get a second opinion. Go to someone with experience handling Pennsylvania Wrongful Death claims.

    Please note that I am only licensed in Pennsylvania. Therefore, if your case involves another jurisdiction, you should disregard this post. Further, this posting does not constitute proper legal advice since I have not been able to learn all the circumstances of your case. As such, you should consult a lawyer in person immediately for proper legal advice and should not rely on this posting for legal advice.

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