You breathe a sigh of relief. You’ve been informed that you’ve won your personal injury lawsuit and will receive compensation in the form of a settlement check. With financial concerns looming, it’s understandable that your next thought is to ask, “How can I track my settlement check, and what does the process look like from courtroom to bank?” Given the stress and hardship you’ve endured, the sooner you can get your settlement, the quicker you can address the fallout of your injury. Whether your claim is settled pre-lawsuit or through the court system, several steps must happen between case resolution and the receipt of your settlement; so let’s dive in and take a look at what you need to know.
The Settlement Check Journey - From First Release to Mailing
Now that you’re in post-lawsuit status, the path to receiving your settlement check involves several phases; paperwork, insurance release, escrow, legal fees, medical bills and liens, and finally mailing to you. Understanding what these phases entail and how long they may take, can help you better track where your settlement check is in the process.
1. Release Forms - Reviewing & Signing Settlement Terms.
Once a settlement is reached, you’ll be asked to sign an Order of Settlement form within 30-60 days, as per the court’s rules. This form, which is put together by the at-fault party’s attorney, lays out the settlement’s terms and conditions, along with a confirmation that you won’t seek further damages for the same injury.
Before you sign this document, it’s heavily scrutinized by your attorney, to ensure that the stipulated terms align with your best interests. If there are any discrepancies, modifications are proposed to the defense attorney. If neither party can agree on the terms, a judge may need to intervene, which can prolong the receipt of your settlement.
2. Initiating Insurance Release.
In most personal injury lawsuits, settlement checks are paid out by the at-fault’s insurance company. Once the insurer receives the signed release form, they will initiate the process of issuing the settlement check; at which point you’ll want to track your settlement check.
The reason for this is that although insurance companies are legally required to promptly write the check, making it payable to you and your attorney, internal issues can cause delays. You’ll want to be on top of this, and verify that your State’s imposed deadlines for sending settlement checks are being enforced (within 20 days of the settlement in Florida, as per the Florida Statute §627.4265). In cases where settlements are not sent swiftly, interest may be levied.
3. Your Check Arrives At Your Attorney’s Office.
When the settlement check arrives at your attorney’s office, it’s placed in an escrow account, where the funds are held until the check clears. This simply ensures that the insurance company has the necessary funds to honor the settlement. After the check clears, deductions are made for lawyer contingency fees, legal expenses, and pre or post-settlement funds owed.
It is also at this stage where any outstanding debts or pending liens against you are paid off. This includes items like unpaid medical bills, and amounts owing to your insurance company, healthcare provider, or even other attorneys. These types of debts must be cleared before you’re given the remainder of your settlement, as failure to pay off creditors can lead to stiff legal consequences.
It may take some time to get all debts arranged and paid for, so it’s pertinent to track your settlement check during this stage by keeping open lines of communication with your attorney.
4. Your Settlement Is Mailed To You.
Now that all legal fees, related costs, and debts are cleared, your settlement check is mailed to you for the remaining amount. It’s advisable to ask your attorney if they can provide you with a tracking number so that you can track your settlement check online, as it moves through the mail system. Generally, you should receive it within 6 weeks of it being mailed, but this is dependent on the law firm’s location and how far the check must travel to reach you. Once you have it, you can bank it.
Have Questions on How to Track Your Settlement Check? Get Help Today
The process of receiving your settlement check can be drawn out, leading to concerns and questions about meeting financial commitments during this time. If you need assistance in how to track your settlement check or want guidance on how to navigate the post-settlement period, don’t hesitate to reach out to us here at Frank Eidson - Attorney At Law.
