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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
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When can You Expect Your Settlement Check

Once you have settled your accident or medical malpractice case, you will want to know when you will be getting your settlement check. All victims will have this question in mind when they settle their case. They would want to receive the check as quickly as possible.

What is the Time Limit for making the Settlement Payment?

The defense has three weeks to make the payment, once they have all the required closing papers. These closing papers are the ones that need to be signed in order to finalize the settlement. It takes time for the defense to send these papers to you or your attorney, and for you to sign and notarize them and send them back. Once they are signed by you, these documents have to be sent in a certain way. Typically, it is done through Certified Mail, Return Receipt Requested. Once that happens, and they have all the paperwork duly signed, the defense has three weeks to make the payment.

Will You Receive Your Settlement Check in Three Weeks?

However, this does not mean you will get your check within three weeks. Further delay might happen because the defense will send these papers to their insurance company who will take time to process this paperwork. The insurance company will then issue a check, which then is sent to the office of your lawyer. You have to come to the office, sign the check, and your lawyer will have to sign because the check is made out to you and your lawyer.

Once it is endorsed in this way, your attorney will deposit the check into an attorney trust account, which is an escrow account. Now it will take a few days for the check to clear. Once the check is cleared, your lawyer will go ahead and cut a check to you, and that is when you will actually receive your settlement check.

Hence, the short answer is the defense has three weeks to make the payment to your lawyer, provided they have received all the necessary closing papers. After the check arrives, it is endorsed by you and your lawyer and deposited into an escrow account. Your lawyer will have to wait until the check clears, and then he will cut your check.

Further Delays in Receiving Settlement Check

It takes much more time if it is a wrongful death case. Typically, it takes several months after the settlement has happened. This is because the surrogate's court must approve how the money is distributed. Hence, before your lawyer can give you the money, the surrogate's court must sign off on the paperwork that is submitted to them, in order to approve the settlement, as well as how the money is distributed.

Don't Spend any Money Yet

Therefore, once your medical malpractice case is settled, you are not going to get your check immediately. Apart from the stipulated three weeks, and the time it takes for the process, there might be further delays, if the defense's insurance company drags its feet. Even though there are laws to stop undue delays, the insurance company can take time to issue the check.

There is nothing wrong with being anxious about this money but do not spend any money until it is actually in your checking account.

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