You finally settled your case, so where’s the check? While it might feel like the hard part is over, a few critical steps still stand between you and the money you’ve been waiting for.
How long does it take? In most Florida personal injury cases, you can expect to receive your check within four to six weeks after the settlement is finalized. However, this can vary based on lien negotiations, insurance processing times, and paperwork delays.
At Aigen Injury Law, we make this process as seamless and efficient as possible for injury victims in Miami.
Here’s what you can expect once your personal injury case settles:
Step 1: Finalizing the Settlement Agreement
After both parties agree to a settlement amount through negotiation or mediation, the first step is formalizing that agreement in writing. The plaintiff (you) and the defendant (typically an insurance company) must sign this legal document.
Depending on the complexity of the case and the responsiveness of all parties involved, this process can take anywhere from a few days to a couple of weeks.
It’s important to note that nothing can move forward until this document is fully signed and received by all parties.
Florida Statute § 627.4265 requires insurers to issue payment within 20 days of the signed release, or face added interest penalties.
Step 2: Issuance and Deposit of the Settlement Check
The defendant or their insurance company will send the check to your attorney. It’s typically made out to you and your lawyer’s firm and deposited into a special trust account (called an IOLTA account) until all legal and financial matters are finalized.
Before disbursing any money, your attorney must pay all outstanding obligations related to your case. This protects you from future claims and ensures all debts are properly resolved.
Step 3: Paying Medical Liens and Other Creditors
If you received medical treatment under a lien or if Medicare/Medicaid covered your bills, those entities may legally claim a portion of your settlement as reimbursement. Your attorney will negotiate and resolve these liens, often aiming to reduce what you owe to maximize your payout.
This phase can take a few extra weeks, especially if multiple lienholders are involved or there are disputes over what’s owed.
Step 4: Deducting Attorney’s Fees and Case Costs
Once liens are settled, your lawyer will deduct their contingency fee and case-related expenses (like expert witness fees, filing costs, or records requests). You’ll receive an itemized statement showing exactly where every dollar went.
Step 5: Disbursing the Remaining Funds to You
Finally, your portion of the settlement is disbursed. You can choose to receive it by check or direct deposit. Once the funds clear, you’ll usually receive your money within a few days.
Potential Delays to Be Aware Of
Even with a straightforward case, some issues can delay the settlement check process:
- Lien Negotiations: Reducing or disputing medical liens may take time.
- Bank Delays: Some banks may hold large checks for verification before funds clear.
- Insurance Processing: Insurance companies may delay issuing checks due to internal policies or errors.
- Delays in Signing Agreements: If either party is slow to finalize paperwork, this can stall the process.
Working with a proactive legal team can help prevent or shorten these delays. An experienced personal injury lawyer can help minimize these delays by following up diligently and managing all parties involved.
How a Miami Personal Injury Lawyer Can Help
At Aigen Injury Law, we know how critical it is for injured clients to receive their compensation without unnecessary delay. From day one through final payout, we manage every step for you, including settlement negotiations, lien resolution, and prompt fund disbursement so that you can focus on healing, not paperwork.
Contact Aigen Injury Law Today
If you’ve been injured due to someone else’s negligence, don’t wait months for the compensation you need. An experienced Miami personal injury lawyer at Aigen Injury Law is ready to advocate for your rights and guide you through every step of the legal process, including ensuring your settlement check arrives without unnecessary delay.
We fight for speed, accuracy, and your peace of mind.
Call us for a free consultation and let us help you get paid faster and with less stress.