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How Are Settlements Paid After a Personal Injury Case is Won?
Jessica Nix • Feb 20, 2023
For many plaintiffs, the ideal outcome in a personal injury claim is reaching a settlement without needing to first suffer through a lengthy ligation process. From the initial investigation and pre-trial negotiations to medical evaluations and insurance claims, personal injury cases can take up to a year (or longer) until you see your settlement check.
Reaching a fair settlement agreement can be a time-consuming process, but an experienced personal injury lawyer in Atlanta can anticipate potential delays and keep the process moving swiftly and efficiently. Once you and your attorney win your case and a settlement has been reached, there are a few more steps involved before any payments can be made.
What Steps Must Happen in Order to Receive Your Settlement Check?
The reality is that a lot needs to go right before you receive your settlement money. That’s where a dedicated attorney with experience in personal injury claims can help you navigate the crucial steps to receiving your settlement check.
From signing important legal documents and release forms to paying all liens and legal fees, there are several steps between a settlement agreement and you receiving payment.
- All parties must review and sign paperwork.
Once a settlement is reached with the at-fault party and their defense attorney, documents detailing the agreement will be issued to both parties. It is common for the court to order the return of this paperwork within 30 to 60 days from the issue date. The documents will outline the terms and conditions of your settlement including that you will not pursue additional damages — releasing the at-fault party and insurer from any future liability or damages. - The at-fault party’s insurance company writes the settlement check.
In most personal injury cases, it is the responsibility of the at-fault party’s insurance company to pay out your settlement and write the check. The good news is that once the insurer receives your release, they are under legal obligation to write the check swiftly (remember this cannot take place without the release form). The check will likely be made payable to you and your attorney, so your legal team can deduct specified funds before you can receive the remainder. - Your attorney deposits the check and pays all liens on your behalf.
The insurance company will likely mail your settlement check directly to your lawyer’s office. Once your personal injury lawyer receives the check, they will deposit it into an escrow account to confirm that the insurance company has the necessary funds to pay your settlement. It is only after the check is cleared by the bank that your attorney can disburse settlement funds. If you have any outstanding liens such as unpaid medical bills or expenses, those must be paid first before you can receive your portion of the check. You could face legal repercussions if you don’t pay a lien you owe to your healthcare provider, an insurance company or the government. - Legal fees and costs are deducted from the settlement amount.
Once your attorney pays all your liens, they will deduct an agreed upon percentage from your settlement as payment for their legal services. The majority of plaintiff attorneys work on a contingency basis, meaning they won’t receive payment from you unless they win your case. You don’t have to pay them anything out of pocket since they will deduct the agreed upon amount from the settlement. It is not uncommon for a lawyer to deduct various fees and costs they paid over the duration of your case, including filing fees, evidence collection, expert witnesses, accident reconstruction, record requests and more. - Your law firm will write you a check for the remaining settlement amount.
Did you know that you will rarely see the original settlement check issued by the insurer? It’s true. Your actual settlement check is often written and issued by your attorney's law firm. After all liens and legal fees have been paid, your personal injury lawyer will meet with you to finalize your case. During that meeting, you must review the settlement packet they provide and sign any final paperwork. From there, your legal office will send you a check for the amount left in your settlement. Once you receive that check in the mail, you can deposit or invest it.
Schedule Your Free Consultation with a Dedicated Personal Injury Attorney in Atlanta
Filing a personal injury claim is a tedious process that often requires a huge time commitment. If you are feeling overwhelmed by your accident and the consequences that followed, speak with an attorney The Law Office of Rickard, Drew & Nix. We can help manage your case and negotiate on your behalf.
Our legal team is efficient with court-issued paperwork and will move quickly to meet deadlines to ensure your claim stays on track.
Contact our office at (404) 588-1001 to schedule your free consultation today.
If you’ve been injured in an accident and have filed a claim, what happens next is critical. According to The Law Dictionary, 95% of civil cases settle at some stage. What will make or break the case for your future is having a seasoned attorney by your side to fight for the compensation you and your family deserve. A personal injury lawyer knows the ins and outs of dealing with reluctant insurers and can drag them to court if necessary. Once you reach that point, their expertise can be the key to unlocking the maximum restitution you’re entitled to. Dealing with the aftermath of a personal injury can be overwhelming, but having the right legal team makes all the difference. The Law Office of Rickard, Drew & Nix has a proven track record and in-depth understanding of personal injury law. We deliver more than just legal representation; we give you a strategic advantage. Read on to discover just how consequential having a skilled Atlanta attorney is after an accident and how they can secure maximum compensation for you and your family. Why Should I Hire a Personal Injury Attorney Finding your way forward after an accident can feel like walking blindfolded through a maze. You’re drowning in medical bills, you can’t work, and you may be having conflicts at home from all the stress. An experienced personal injury attorney can cut through all the noise and show you the crucial legal steps to take. Personal injury lawyers bring a wealth of relevant knowledge to the table. They know how insurance companies argue and stall. They also have negotiation strategies that bring them to heel so you can focus on recovery. Top 5 Benefits of Hiring an Experienced Personal Injury Attorney in Atlanta Personalized Legal Strategy An adept lawyer devises a specific strategy to win your case. Higher Compensation Having astute legal representation typically results in substantially higher compensation. Complex Case Management Being represented by a personal injury attorney in complex cases is absolutely indispensable. These cases typically involve intricate legal procedures. No Upfront Costs Most personal injury law firms work on a contingency basis, meaning you pay nothing unless they win your case. Peace of Mind Leaving the fight to a legal professional vastly reduces stress and offers the emotional support you need in this difficult time. Common Injuries Where an Attorney is Crucial Certain accidents that result in life-altering consequences like severe neck and head injuries, paralysis, or wrongful death make having an attorney essential. Incidents involving Uber/Lyft accidents or workplace injuries can become messy to deal with on your own. What Will It Cost to Hire a Personal Injury Attorney? The vast majority of personal injury attorneys operate on a contingency fee basis. If they don’t win your case, you pay nothing. This proves that by taking your case, they are confident of success and will work diligently to win. Personal Injury Compensation FAQs Q. Should I get a lawyer for a minor injury? A. Many clients believe they can win these types of cases on their own, and they may be right. However, they often need to negotiate for what they really deserve before taking the first settlement offered. That’s where having a personal injury attorney makes all the difference. Q. How much is my personal injury case worth? A. The answer depends on how severe your injuries are, their impact on your quality of life, and your prospects for recovery. Your personal injury lawyer can provide a detailed assessment of your case's worth. Q. Can a lawyer get me more money for my pain and suffering? A. Your lawyer is a skilled negotiator who knows all the tricks insurance companies play. While pain and suffering damages require specialized tactics to maximize, it’s all in a day’s work for an experienced legal expert. Q. How do personal injury lawyers increase settlement amounts? A. Your attorney will interview you to grasp all the details of your case and then collect comprehensive proof. They may consult experts to testify on your behalf or use legal precedents. If necessary, they can also threaten litigation to gain leverage and reach a higher settlement without going to court. Want to Learn More? Contact the Best Personal Injury Firm in Atlanta The team at Rickard, Drew & Nix has seen firsthand the transformative impact of a skilled legal ally. Our clients can attest to our dedication and commitment to their future financial security and how tough we fight for their rights. We can do the same for you, and we will. Contact Us You only get one chance for rightful compensation. Make it count by contacting our knowledgeable team today for a free consultation with a personal injury expert. We’ve got your back, Atlanta, and we’ll prove it.
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