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

Updated

7/26/2023

Table of Contents

A personal injury settlement check is the compensation you receive from the defendant who harmed you. You will only receive a settlement check if you accept the offer. If you do not agree to settle the case, it could still proceed to trial.

If you were injured, completed the process of filing a personal injury claim, and accepted the settlement offer, you may be wondering about the next steps. Waiting to get the settlement check can be stressful as medical bills and expenses pile up after an accident. It can be tempting to accept the first check that the insurance company sends you. Before accepting payment from an insurance company, get a free consultation from an experienced personal injury attorney.

Working with a personal injury attorney and being willing to go to trial can increase the compensation that is ultimately offered in a settlement. The settlement amount should be determined after you and the defendant examine the evidence and estimate what the case is worth.

Before you can receive your settlement check, you will need to sign the settlement agreement and documentation stating that you will not pursue a lawsuit in the future. Once your settlement agreement and legal documents are submitted, it will take about four to six weeks to receive the settlement check.

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

Why Hasn’t Your Settlement Check Arrived Yet?

While many plaintiffs receive their personal injury settlement check within four to six weeks, some may experience delays. The delays are often stressful but it is important to not rush to settlement. Many insurance companies want to close personal injury claims quickly and for the least amount of money possible. An experienced personal injury attorney can help you avoid agreeing to an unfair settlement offer.

The following are reasons why your settlement check may not have arrived yet:

  • Liability can be difficult to determine and agree on
  • It is difficult to quantify pain and suffering damages
  • It is best to process a personal injury claim once you have reached maximum medical improvement
  • The review process may take longer if the settlement amount is higher than average

It’s important to wait and receive the compensation that you need and deserve. Allow yourself time to heal, and follow your doctor’s advice. Staying in contact with your personal injury attorney throughout the process is crucial as well so that you can know how your case is progressing.

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What Happens After You Sign a Settlement Release?

After you sign the settlement release, it is sent to the insurance company. The insurance company will then have to process it and close your claim. A settlement check is then forwarded to your attorney. After receiving the check, your personal injury attorney will place the proceeds into an escrow account.

Any claim against your personal injury settlement is paid out of your settlement money. This means that any medical liens will be paid out of your personal injury settlement. Your attorney’s fees will also be deducted from the settlement amount. Once those items are satisfied, your personal injury attorney will send you a final check.

It typically will not take longer than six weeks to receive your personal injury settlement check after the release is signed and the insurance company agrees to pay you. What should you do if it has been longer than six weeks and you still have not received a check? Contact your attorney and ask for an update on the settlement check.