Personal Injury - I have an Auto accident. it was settled. the settlement check is made out to my attorney or me?

Asked almost 2 years ago - Los Angeles, CA

The insurance company will make the settlement check out to me or my attorney? How and when do I get my settlement money?

Attorney answers (14)

  1. Robert Bruce Kopelson

    Contributor Level 20

    21

    Lawyers agree

    Answered . Ins settlement checks are normally made payable to the atty and the client jointly. The atty usually deposits the funds in the client trust account the bar requires, and then when it clears, disbursements can be made. Out of stae checks are normally used by ins cos, so they take longer to clear. If there are liens etc that must be negiptiated and or paid, that can hold up disbursements.

  2. Jeffrey David Wolf

    Contributor Level 7

    19

    Lawyers agree

    Answered . Generally, the insurance check is payable to both you and your attorney. The attorney should then go over an accounting with you and disburse the settlement funds (less attorneys' fees, costs, and medical expenses) to you.

  3. Marc Lazarus

    Contributor Level 14

    16

    Lawyers agree

    Answered . A carrier will list both you and the attorney on the draft. Also, the carrier will directly send a letter to your last known address advising you of the settlement and/or mailing of the draft .

    Marc Lazarus
    www.russellandlazarus.com

  4. Timothy Leo Bowden

    Contributor Level 14

    17

    Lawyers agree

    Answered . it will be made out to you both. then he will cut checks out of the attorney trust account to everyone

  5. Richard Andrew Harting

    Pro

    Contributor Level 18

    14

    Lawyers agree

    Answered . the check will go to your attorney. It may or may not have your name. The check will then go through your attorneys client trust account, then be disbursed by the attorney according to your agreement with the attorney

  6. Edgar Julio Gutierrez

    Contributor Level 7

    13

    Lawyers agree

    1

    Answered . This is a very common thing. Once the settlement check is endorsed by you and your attorney, it will be negotiated with the bank. Your attorney will typically set an appointment with you to come into the office and he/she will go over a breakdown with you. That breakdown will list the gross settlement, the attorneys, fees, all liens and expenses that have been deducted and then the final payout to you.

    Because every legal situation is different and depends on many factors, the responses provided at this site are... more
  7. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . Both

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Your attorney, and then he will cut you a check for your portion.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Ryan M. Finn

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . In New York settlement checks are generally required to be sent within 21 days of settlement. Not sure if CA has a similar rule. Most law firms have the check made out to the firm and the individual, but if you have an issue with that practice, then you should ask your lawyer to handle it a different way.

  10. David B Pittman

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . The check is generally made out to you and the lawyer or law firm representing you in this matter. Typically it is endorsed by both, deposited into the attorney trust account and funds are disbursed from there.

  11. Robert Andrew Michael Burns

    Contributor Level 17

    10

    Lawyers agree

    Answered . It appears to me that your question has been exhaustively and redundantly answered by other lawyers. Frankly, without information that your attorney-client relationship is frayed, I would rather you put this question to your attorney.

  12. Robert Mayer Moss

    Pro

    Contributor Level 4

    8

    Lawyers agree

    1

    Answered . It is customary for the insurance company to make the check payable to you (the client) and your attorney. The attorney is required to notify you upon receipt of the settlemenet draft. Once the draft is properly endorsed, the attorney will deposit it into the attorney-client trust account and then disburse in accordance the terms and conditions of the attorney-client fee agreement.

  13. Cheryl Rhonda Eisberg Moin

    Contributor Level 2

    7

    Lawyers agree

    Answered . The settlement check is usually made out to the attorney and the client and is deposited immediately in the attorney's escrow account. When and infant is involved, the attorney's name is not on the check and he/she is issued a separate check.

  14. Agustin Sevillano

    Pro

    Contributor Level 8

    5

    Lawyers agree

    Answered . Both. We typically have the check endorsed by the client, deposit it in out trustee account, and once the check clears, we disburse to the client and any other relevant parties.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury settlement

Personal injury settlements are agreements made between the two parties of an injury lawsuit. They outline the compensation that an injured party receives.

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