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