How long can a lawyer hold your settlement check?
Receiving a settlement check following a personal injury lawsuit might be reassuring. However, many people need clarification on how long a lawyer can keep it. The response is often determined by several criteria, including the requirement to pay off any liens or outstanding payments and the time it takes to handle and disburse the monies. Most attorneys keep a settlement check for a few weeks, but it should only be kept on time. Here’s a thorough look at factors influencing the length and what you may anticipate while waiting for your settlement payments.
Factors That Influence How Long a Lawyer Can Hold Your Settlement Check:
Processing Time for Settlement Check
When a settlement is agreed upon, the cheque is generally delivered to your lawyer, who puts it in a trust account. This first processing procedure guarantees that the finances are safe before distribution. The processing period varies depending on the kind of case, the bank’s rules, and the quantity of money concerned, but it usually takes one to two weeks.
Liens and Medical Bills Settlement
Any liens or medical costs associated with your lawsuit must be paid before you get your settlement payment. Your attorney may need to negotiate with medical providers or insurance companies to complete these payments. This stage may occasionally cause delays, mainly if disagreements or the bills are significant. However, this procedure is critical to meeting your duties before receiving your share.
Attorney’s Fees and Case Expenses
Your lawyer can take their costs from the settlement money under your signed agreement. This deduction usually includes a contingency fee and every other case-related cost. Transparency is vital in this manner, and you should be given an itemized account of all exclusions when the lawyer delivers your settlement.
Steps You Can Take if Your Lawyer Delays the Settlement
If you believe your lawyer is prematurely delaying your settlement check, you may take the following steps:
- Ask for updates:
- Get up with your lawyer regularly to get information on the distribution process.
- Ask a Timeline:
- Request an approximate timetable for the disbursement of monies.
- Consult another attorney.
- If the delays continue for no apparent reason, consult with another attorney.
FAQS
What is the longest a settlement can take?
The timescale might last from a few months to more than a year. In certain situations, a lawsuit might span many years. The intricacy of the case and the parties’ desire to settle may substantially influence the timetable.
What’s the most a lawyer can take from a settlement?
There is no typical settlement since each case is unique. Whatever the amount, your legal firm will bill you on a contingency fee basis. This implies they will take a certain proportion of your recovery, usually one-third, or 33.3%. In rare cases, the attorneys defending the parties agree to a free case.
How long does it take to get a settlement fund?
According to most estimations, it may take more than a month before the settlement is completed and the money is in your hands. Regardless of whether you reach an agreement, you still have a few stages in the settlement process.