Anytime 24/7—Hablamos Español

How Long Does It Take To Get a Personal Injury Settlement Check in New York?

Wondering how long it’ll take to receive your personal injury settlement check in New York? Our experienced attorneys break down the timeline and steps involved here.

What Is a Personal Injury Settlement?

A personal injury settlement is the monetary compensation a victim receives from a defendant to avoid going to trial. This is typically agreed upon through negotiations between the victim’s attorney and the defendant's insurance company.

How Long Does It Take to Get a Personal Injury Settlement Check in New York?

The time it takes to get your settlement check in New York depends on several factors. Still, it's usually between four and six weeks after you sign the release. That said, several factors can cause delays.

6 Steps in Receiving a Personal Injury Settlement Check

Signing a Release

Once a settlement has been reached, the victim must sign a release form. This document states that the victim agrees not to pursue further legal action against the defendant about the incident. By signing the release, the victim protects the defendant from future lawsuits.

Release Processing

After the release is signed, it's sent to the defendant's insurance company for processing. The insurance company will review the release and ensure all necessary documentation is in order. This process can take some time, especially if any complexities or additional requirements are involved.

Receiving the Settlement Check

Once the release has been processed, the insurance company will issue a settlement check. In most cases, the check is sent to the victim’s attorney’s office. The settlement check will be made payable to both the victim and their attorney.

Escrow Account

Upon receiving the settlement check, the victim's attorney will deposit it into an escrow account or a special trust. This ensures the funds are securely held until they can be distributed according to the settlement terms.

Deductions and Distribution

Before the settlement amount can be distributed to the victim, certain deductions need to be made. This typically includes deducting the attorney’s fees and outstanding debts or liens related to the case. Once the deductions are made, the remaining settlement amount will be distributed to the victim.

Notify Medicaid or Medicare

Personal injury lawyers must notify Medicaid and Medicare of a potential settlement to ensure compliance with lien and reimbursement requirements. For Medicare, this typically applies to clients who are 65 or older or who qualify due to disability. Funds cannot be disbursed until any applicable liens are addressed.

Factors That Can Impact the Timeline

Case Complexity: Complex legal or factual matters can extend the settlement timeline. Assessing liability and damages requires thorough evidence analysis and expert input.
Pain and Suffering Damages: Assessing pain and suffering damages is complicated due to the subjective nature of emotional and physical distress. Insurance companies may seek additional evidence or expert opinions to determine fair compensation.
Medical Improvement: You should wait until you’re fully recovered before settling a personal injury claim to ensure fair compensation for your medical expenses.
Settlement Amount: Large settlements may be scrutinized closely by the insurance company to verify their validity before the funds are released.

Why Hasn’t My Settlement Check Arrived Yet?

If you haven’t received your settlement check within six weeks, contact your attorney for an update. Delays may be due to holidays, bank processing, or insurance company finalization.

Key Takeaways

The settlement process typically takes four to six weeks after the release is signed.

Several steps and possible delays are involved before receiving the settlement check.

Attorney fees, liens, and government notifications can affect the final payout and timing.

Contact Our New York Personal Injury Firm Today!

Need legal help for a personal injury case in New York? Contact the experienced team at Field Law Group. We’re available 24/7 for consultations and can provide the support you need. Call 212-739-7278 or contact us today to learn more and schedule a FREE case evaluation!

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

MILLIONS RECOVERED FOR OUR CLIENTS!

No Fees Unless We Get You Compensation.

Don't Wait Another Minute

Understanding your rights and how you can recover compensation under the law is important. At Field Law Group, there is no downtime. We are here for our clients whenever they need us.

Schedule Your FREE Consultation Today!

17 State Street, Floor 40
New York, New York 10004

Free Consultation

212.739.7278
Anytime 24/7
Hablamos Español

Quick Links

Home About Us Practice Areas Areas Served Testimonials Contact Blog

No Fees Unless We Get You Compensation