Sometimes there are extenuating circumstances such as liens, courtesies to carriers/lawyers, holidays, illness, etc. Your lawyer should respond promptly to reasonable requests for updates. Happy holidays.
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Usually no more than 30 days, in Florida 20 days to receive the settlement check. However, your lawyer must also settle all liens form the settlement and that in some circumstances can take quite a while.
Call your lawyer. You will be glad you did.
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.
Thirty days is pretty standard. With the holidays and the end of the year that can be a bit longer. Contact your attorney for a better date. If there are liens those must be taken care of first. You already have an attorney so I would speak to your attorney.
Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.
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.
It is always best to speak in detail with an attorney when seeking answers to legal questions. You should not depend upon an answer to a legal question that is only based upon your initial inquiry which may not contain all of the facts necessary for one to make an informed opinion. I suggest contacting someone local to your area in order to go over more of the specifics related to your situation.
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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The check has to be received by the lawyer, and then the funds must clear before they can be released.
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