Waiting for a settlement can be stressful, especially as bills and costs associated with the damages build up. Unfortunately, many settlements can take months, if not years, to negotiate and finalize.
The waiting doesn’t stop there. You also have to factor in the time it takes to receive your settlement check.
How long it takes to get that settlement check depends on several factors, including the complexity of a case, specific circumstances, and the jurisdiction. This article explores those factors in more depth and details how the settlement process typically plays out.
Key Points
- The settlement process can take between weeks and years, depending on the case.
- Cases with settlements include personal injuries, car accidents, workers’ compensation, and class action lawsuits.
- While waiting for your settlement, you should remain in close contact with your attorney to prevent delays.
- Pre-settlement funding can be a desperately needed lifeline while waiting for the settlement process to run its course, especially for those facing time away from work while they recover.
Understanding the Settlement Process
The settlement process can seem quite complex if you don’t have legal experience. However, it consists of several straightforward steps. First, you or your attorney negotiates an agreement and gets the necessary approvals. From there, any outstanding liens or debts are resolved. Before you receive your pay, your attorney will process any paperwork and release forms.[1]
A settlement can occur at any time. In some cases, you can file an injury claim with the other party’s insurance company. In other cases, it takes much longer to understand the full extent of your injuries and damages.
Generally, you will get your settlement after everything processes. This can take several weeks or months. In rare cases, it can take years.[2]
During litigation, costs continue to accrue. This may include your general living expenses, especially if you cannot work with your injury, as well as the cost of medical care associated with the incident. Pre-settlement funding or post-settlement funding can be much-needed lifelines to help during the process. This gives you access to cash you need immediately while you await your settlement check.
Factors that Affect Settlement Timelines
Several factors impact how long it takes for your settlement to pay out. The type of case and where it takes place can influence the timeline. It also depends on how you expect to receive your funds and where the funds come from. And liens or debts may also extend how long it takes to receive your funds. Let’s look more closely at each of these three factors.
Type of Case and Jurisdiction
More complex cases may come with higher settlement amounts, but they also tend to have more information to work through. If the case involves multiple parties, it may also take longer.[3]
The specific jurisdiction may also have legal requirements that can influence the time to complete the case.
Payment Methods and Funding Sources
Not all settlements have the same structure. How you receive payment can play a major role in how long it takes to receive all your funds. Lump sums give you access to the full settlement (minus any outstanding legal fees or liens) at the same time. However, structured settlements draw out how long you receive payments.[4]
Where the funds come from also impacts the timeline due to processing times. Individual defendants may not have the funds upfront, making it harder to collect your settlement at once. Government agencies and insurance companies may also have set timelines on how soon you will receive funds.
Outstanding Liens or Debts
If you have any outstanding liens or debts associated with your case, settlement disbursement takes longer. These must process before you can receive your funds. Your settlement pays for medical bills, liens, and debts associated with your case. This may include pre-settlement funding if you took a cash advance on your settlement.[5]
Settling these expenses also takes time. After paying the debts, you can receive the remainder of the funds.
Typical Settlement Payout Time Frames
Typical timelines for settlements to pay out can vary greatly based on the type of case. However, certain guidelines can give you an idea of how long it takes to get a settlement check. Keep in mind these are general estimates rather than guarantees and the exact timeline depends on the individual details of your case.
Personal injury settlements can take between four and six weeks when they’re simple, but on average, they take about a year from injury to settlement.[3]
Car accident settlements take an average of six to nine months. A trial may make this take even longer.[6]
Simple workers’ comp cases may resolve within weeks. However, it may take months or years in more complex cases or when the injured worker can no longer work the job they once did.[7]
How Long Does It Take to Get a Personal Injury Settlement Check?
How long it takes to get a personal injury settlement check depends on factors such as whether their insurance covers the injury or how bad the injury is. However, personal injury settlements tend to be less complex than other cases, involving fewer parties, and they often pay out within three to six weeks after signing a settlement release form.[8]
How Long Does It Take to Get a Car Accident Settlement Check?
Car accidents have the potential to be very costly. Damages to vehicles and surrounding property, as well as injuries suffered by those involved, can mean extensive repair and medical bills. These can all affect how long it takes to get a settlement from a car accident. However, they often take between six months and over a year before they pay out. Liability disputes and insurance company processes can cause a longer timeframe.[6] A settlement check will generally arrive within a few weeks of signing a settlement agreement.[9]
If you can’t wait that long to see cash flow, pre-settlement funding for car accidents can provide an advance on your projected settlement amount within days.
Workers’ Compensation Claims
Workers’ compensation claims can be quite complex and vary somewhat from state to state. However, they can take months or years to settle, as the primary goal of workers’ comp is to get the injured employee back to work.[10] When that’s not possible, a settlement may occur. After signing a settlement agreement, checks typically arrive within a couple of months.[11]
If you sustained an injury at work, you may qualify for pre-settlement funding for your workplace accident case.
Class Action Lawsuits
A class action lawsuit allows large groups to sue an at-fault party as one group rather than having numerous people sue for the same or similar reasons. They’re typically reserved for cases in which a party’s actions negatively impacted large numbers of people.[12]
Class action lawsuits often take much longer than other cases to resolve due to how complex they are. The sheer number of plaintiffs can often extend the length of time it takes to process. Likewise, the courts must approve any settlement terms before the case can end.[12]
When you get your settlement depends on how long the case takes to process. Most tend to resolve within two to three years, but some may take much longer. Appeals on rulings can lengthen the timeline before you ever see your share of the settlement.[13]
What to Do While Waiting for Your Settlement
As a plaintiff, you spend a lot of time waiting for your settlement. However, it’s imperative to remain in communication with your attorney and respond to any requests they may have for you. You may need to provide more information or finalize paperwork or release forms to move the process along. How long it takes to get a settlement check after you settle can depend on how responsive you are.
Staying in Communication
While you may spend a lot of time waiting, you don’t have a passive role in the settlement. You need to remain easily accessible, especially for your attorney. If they request information or documentation from you, getting it back to them promptly can help things move as quickly as possible.
You may also need to keep track of important deadlines to avoid missing them. A smooth, timely resolution depends on responsive parties.
Finalizing Paperwork and Release Forms
The final settlement won’t pay out until you complete and finalize the paperwork and release forms. Doing so as soon as your attorney requests you to helps avoid delays so you can receive your money sooner.
If the settlement timeline isn’t quick enough for you, the pre-settlement funding timeline may work better. You can receive your money within 24 hours of approval.
How USClaims Can Get You Money Now
Unfortunately, injuries resulting in settlements can have a major financial impact on plaintiffs, and you can’t always know when you will get your settlement check. You may not be able to work like you used to, or you might suddenly face the added expenses of physical therapy and other medical treatments. The costs can accrue quickly.
If you’re facing financial hardship while waiting for your settlement, you may need pre-settlement funding. USClaims provides pre-settlement funding to eligible plaintiffs when they need it the most. You receive a portion (typically 10%) of your expected settlement now, allowing you to cover your current expenses without having to accept a subpar settlement just to make ends meet.
Wondering how pre-settlement funding works? Check out our settlement funding FAQs and customer testimonials for more information, or contact us today at 1-877-USCLAIMS or apply now.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
FAQs
Can You Receive a Settlement Check in Installments?
Yes. Structured settlements pay you at set intervals over a set period of time.
What Happens If the Defendant Doesn’t Pay the Settlement?
If the defendant doesn’t pay, you may need to seek legal intervention to place a lien on any assets they own or garnish their wages. However, this requires further court action and may still not pay off if the defendant simply doesn’t have the funds to pay you.
How Are Attorney Fees Deducted From the Settlement?
When a defendant (or their insurance) pays a settlement, it goes to your attorney. The attorney must deposit the check into an escrow account or trust until you finalize the paperwork.
From that account, your attorney pays anyone who has claims to your cash, such as health insurance companies or any pre-settlement funding advances. They then collect their legal fees and case expenses. They likely work on contingency, meaning they take a set percentage rather than an hourly amount.
You receive the remainder after all fees and expenses.[14]
Sources
- “What Is the Process to Reach Settlement in a Personal Injury Lawsuit?” Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, www.dplaw.com/blog/what-is-the-process-to-reach-settlement-in-a-personal-injury-lawsuit.
- “Personal Injury Case Timeline.” Nolo, www.nolo.com/legal-encyclopedia/timeline-personal-injury-lawsuit.html. 8 Dec 2022.
- “Personal Injury Settlement Amounts Examples (2024 Guide).” Forbes Advisor, www.forbes.com/advisor/legal/personal-injury/personal-injury-settlement-amounts. 22 Sept 2022.
- “What Is a Structured Settlement and Should You Choose One?” Nolo, www.nolo.com/legal-encyclopedia/what-is-structured-settlement-should-you-choose-one.html.
- “What Is a Lien on Settlement Proceeds and Who Can Put a Lien Against You?” The Barnes Firm, www.thebarnesfirm.com/lien-settlement-proceeds-can-put-lien. 21 Dec. 2023.
- “Why Is My Car Accident Settlement Taking So Long?” Brown & Crouppen, www.brownandcrouppen.com/blog/why-is-my-car-accident-settlement-taking-so-long. 20 Mar 2024.
- “How Does a Workers’ Comp Settlement Work? 2024 Guide.” Forbes, www.forbes.com/advisor/legal/workers-comp/workers-compensation-settlement/. 27 Oct 2023.
- “How Long After Signing a Release Will You Get a Settlement Check?” Pasternak & Zirgibel, https://injurywisconsin.com/how-long-to-get-settlement-check/.
- “How Long Will It Take to Get My Settlement Check From a Car Accident?” The Kryder Law Group, https://www.kryderlaw.com/faqs/how-long-will-it-take-to-get-my-settlement-check-from-a-car-accident/.
- “Workers’ Compensation Program.” U.S. Department of the Interior, www.doi.gov/pmb/hr/workerscompensation.
- “How Long Does It Take to Get a Settlement Check?” Frank M. Eidson Attorney at Law, https://www.frankeidson.com/blog/timetable-to-receive-money-after-settlement-is-achieved/.
- “Three-Minute Legal Talks: How Class Action Lawsuits Work.” University of Washington School of Law, www.law.uw.edu/news-events/news/2023/class-action-lawsuits. 19 Oct 2023.
- “How Long Does a Class Action Take?” ClassAction.org, www.classaction.org/learn/how-long-it-takes.
- “Can My Lawyer Take My Settlement?” Forbes, www.forbes.com/advisor/legal/personal-injury/lawyer-took-settlement/. 8 Sept 2023.
