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How Will I Get Paid After Settling My Personal Injury Lawsuit?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 3, 2022

Read Time: 4 mins

If you settle a personal injury lawsuit or are awarded damages by a court, it may take weeks or even months before you receive the settlement funds. If the other party chooses to appeal a court decision, the disbursement of funds could be delayed much longer. Having an experienced personal injury lawyer on your side can help you get the settlement money you are owed as soon as possible.

What Happens When a Personal Injury Lawsuit Is Settled?

If you and the other party have agreed on a settlement before your personal injury lawsuit goes to trial, the lawyers representing both parties will inform the court that the case has been settled. The court then issues an order of settlement requiring both parties to complete the signing of the settlement papers within 30 or 60 days, according to the jurisdiction’s particular rules. The Release is the most critical of the settlement papers to be signed.

The Release outlines the settlement terms and is drafted by the defense attorney. Although many lawyers choose to pack this document with esoteric legal jargon that can stretch it out to up to 15 pages, it doesn’t have to be that long. After drafting the Release, the defense attorney will send it to the other party’s lawyer to be approved.

While the Release can be very forthright, it still may contain language that some find disagreeable. Your lawyer should read through the Release with great care to ensure that all the terms laid out are acceptable. Lawyers have been known to dispute certain terms outlined, dragging out negotiations for several days in order to reach the final terms. If an agreement cannot be negotiated between the lawyers, a judge must render a final decision, which can slow down the process.

When your lawyer has sent you an acceptable version of the Release, you must sign it in the presence of a notary public. You shouldn’t sign it before reading it thoroughly and resolving any questions you may have with your lawyer. The terms of the Release are considered final once you have returned a signed copy to the defendant’s lawyer.

Final Steps Before Settlement Disbursement

The final settlement agreement usually stipulates that the settlement must be paid within a certain time frame, typically between 20 and 30 days. In addition, the settlement terms typically grant the party collecting payment the right to add interest to the unpaid amount if payment isn’t made within the specified time period.

Once the defendant’s insurance company processes the signed releases, it will cut a check for the settlement payment made out to you and your lawyer, which is then sent to your lawyer. The law in New York State requires that the check be deposited into and remain in your lawyer’s escrow account until it clears. Before your portion of the settlement payment can be disbursed, your lawyer must pay any existing liens stemming from an insurance provider’s or government agency’s covering the costs of medical treatment necessitated by the accident.

Your lawyer will also deduct his or her legal fees and any costs incurred to help argue your case, including for fees paid to expert witnesses, deposition and court reporting expenses, and expenses related to collecting medical evidence to support your case.

Payment Timeframe for Cases Decided in Court

When your claim goes to court and receives a judgment, the timeframe for collecting payment will differ depending on laws and court rules in the state where it was filed and heard. A defendant is almost certain to appeal a ruling against him, and under the rules of most courts, the losing side typically has between 10 and 15 days to file a motion for a new trial. Courts will generally rule on such a motion within a few weeks. Appeals can take up to a year or more after the initial trial, and you would collect compensation for your claim only if the appellate court decision goes your way.

A Skilled Lawyer Can Minimize Settlement Frustration

Because of how confusing it can be to navigate the settlement of a personal injury claim, an experienced personal injury lawyer who understands the intricate workings of the system can help minimize the stress involved.

Don’t shortchange yourself on the compensation you deserve after being injured in a car crash, slip and fall, or other accident. The personal injury lawyers at KGG Law have been helping clients in the New York metropolitan area, including Rockland and Bergen Counties, successfully settle personal injury lawsuits for many years. Contact us for a free consultation.

Why Trust Us?

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Client Reviews

    
 
 
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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How Will I Get Paid After Settling My Personal Injury Lawsuit?

What Happens When a Personal Injury Lawsuit Is Settled?

Final Steps Before Settlement Disbursement

Payment Timeframe for Cases Decided in Court

A Skilled Lawyer Can Minimize Settlement Frustration

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey