Once the negligent driver’s insurance company finally agrees to settle your claim, you are most likely anxious to receive your payment and get on with your life. However, the final settlement process is not as simple as the insurance company mailing your check to your lawyer or you. Understanding how it really works can help you be patient while the final steps in your case are being completed.
Final Stages in Completing Your Settlement
It will generally take four to six weeks to finalize your settlement. Here are some of the steps you will need to go through before you receive your check:
- Release. Before the insurance company will send you a check, they will require you to sign a release form. In the release, you waive your right to pursue any other legal action against the negligent driver and his insurance company in exchange for your payment. Your attorney will review this document carefully and may negotiate certain terms in it to protect your legal rights.
- Issuance of the check. Once the insurance company receives your signed release, the adjuster will request that your check be issued. Depending on the company’s policies, it could take a week or more before your check is written and mailed to your attorney.
- Deposit in a client trust account. Your lawyer will deposit the settlement check into a client trust account. He will need to wait for the check to clear before proceeding.
- Payment of liens. Before sending you what you are owed, your attorney will pay any medical liens and other bills owed. He may negotiate settlements to reduce what you owe before making any payments, which can take time—but clearly benefits you.
- Attorney fees and costs. Your lawyer will also deduct any litigation costs, such as medical record copies, expert witness fees, and depositions, and his attorney fees from your settlement proceeds. Once this has been completed, he will issue a check out of the client trust account for what you are owed. Your case is now officially completed.
You should not agree to a settlement or go through the process of completing the settlement process without the assistance of an experienced car accident attorney. To learn how we can help, fill out our convenient online form to schedule a free case evaluation today.