How Long Does it Take to Get Paid After My Car Accident Case Settles?

If you have been injured in a car accident that was not your fault, you may be entitled to financial compensation through a personal injury claim or lawsuit. At Kosnett Law Firm, we understand how overwhelming and stressful the aftermath of a car accident can be, especially when facing mounting medical bills and lost wages from time off work. One of the most common questions we hear from clients is how long it will take to receive their settlement check once their case is resolved. The answer depends on several factors, but in general, you can expect to wait at least a few weeks and possibly a couple of months before the money is in your hands.

Signing the Release Forms

The first step after your case settles is signing the release forms. The insurance company will require you to sign a release absolving them of any further liability related to your accident and injuries in exchange for the agreed-upon settlement amount. Your attorney will thoroughly review the release with you to ensure you understand the terms before signing. This process usually takes a few days. The insurance company will not issue the settlement check until they receive the signed release from your attorney.

Processing the Check

Once the signed release is received, the insurance company will process the settlement check. This involves the insurance adjuster getting the check request approved and the check cut by the accounting department. Depending on the size of the insurance company and how busy they are, this part of the process typically takes one to two weeks. The check will be paid out to you and your attorney and mailed to your attorney’s office. Your attorney cannot deposit or cash the check without your signature and consent.

Paying Liens, Legal Fees and Costs

Before disbursing your portion of the settlement funds, your attorney is required by law to pay any outstanding liens against your settlement. Common examples of liens include those asserted by your health insurance for accident-related treatment, by your auto insurance for med pay benefits, or by medical providers who have not been paid. Your attorney will negotiate with the lienholders to reduce the amounts claimed so more money ends up in your pocket.

Your attorney will also deduct their fees and case costs from the settlement proceeds, as agreed upon in your representation agreement. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they recover money for you. The industry standard contingency fee is one-third of the gross settlement. Case costs that are advanced by your law firm and reimbursed from the settlement may include medical record copying fees, court filing fees, expert witness fees, etc.

Disbursing Your Portion

After all liens, attorney’s fees, and case costs have been paid, you will receive the net settlement proceeds. Your attorney will prepare a detailed settlement statement itemizing all deductions and specifying the amount of your check. You will need to review and sign the settlement statement and return it to your attorney. They will then cut you a check from their client trust account or send the funds via wire transfer, depending on your preference. This final step usually takes a few business days.

What if My Case Goes to Trial?

The above timeline applies to cases that settle before trial. If your case goes all the way to a jury verdict, receiving your money will take quite a bit longer, likely several months to a year. If you win at trial, the defendant has a certain amount of time to file an appeal. Even if they do not appeal, it takes the court system longer to process and disburse the judgment than it takes an insurance company to cut a settlement check. Also, your attorney may not see any attorney’s fees for their trial work until the award is paid out.

What Can I Do to Speed Up the Process?

While much of the disbursement timeline is beyond your control, there are a few things you can do to help ensure you receive your settlement money as quickly as possible:

Promptly return phone calls and emails from your attorney and their staff.
Timely review and sign the release forms and settlement statement.
Maintain clear communication with your attorney about your contact information and settlement disbursement preferences.
Keep your records of accident-related medical treatment, bills, liens, and insurance communication.

Let Us Help

If you have been injured by a negligent driver, contact the experienced personal injury attorneys at Kosnett Law Firm for a free consultation. Having a skilled personal injury lawyer can help you get a better chance at maximum compensation.