Personal Injury Lawyer

When your personal injury case is settled, you might be wondering what happens. How do you get your money? How long will it take? How much will you get? There are a lot of variables that determine how much you’ll receive. You’ll want to discuss this with your attorney. However, most attorneys follow the same kind of distribution process.

Who Gets the Check?

In most personal injury cases, the attorney takes the case on a contingency basis. That means that the attorney doesn’t get paid until the case settles, if it settles at all. Your attorney has a vested interest in the outcome of the case. Typically, the settlement check will be made out to you and the attorney’s firm.

Before your attorney can do anything, you must get a check from the insurance company. It can take two to three weeks to get a check from the insurance company, but that is just a general estimate. The check is usually sent to the attorney’s firm. You will have to sign the check if your name is on it. You may have to come into the office to do that, but there are other ways your attorney may handle this. The firm may send it to your home by messenger to get your signature. If you signed a power of attorney for your attorney to handle the check, your signature may not even be required. The attorney deposits the check into a trust account. This account is a fund that is owned by both the attorney and the clients. It will take a few days to make sure that the check clears.

Once the check clears, final checks can be distributed. Your attorney will need to pay its fees and expenses out of the proceeds. The hospital and medical providers will need to be paid. Sometimes, the insurance company will directly pay the healthcare providers with a separate check. The attorney will receive his or her portion, which is determined by the contract you have with the attorney. Finally, you will receive your portion.

Settlement Tasks Are Done Before Payout  

It can take a few days for the attorney to balance the account, but most firms realize that you need your money quickly. If your case has a lien on it from Medicare or another government agency, it could take much longer to settle your claim. Any liens on your case will have to be settled before you can receive anything.