What Happens after an Injury Settlement?

In most cases, personal injury settlement claims are finalized out of court or right before a trial, thanks to your lawyer's successful negotiations. However, your personal injury settlement may take shape during a more complicated trial process. In addition, even if you settle out of court, finalizing your settlement is not the end of your journey.

If You Settle At Trial

Determining a personal injury settlement at trial is a longer, more labor-intensive process. In general, it takes shape through the following steps:

  • You will need to work with your lawyer to complete all the paperwork for the settlement, usually between 30 and 60 days from the time the settlement was reached.
  • Your lawyer and the defendant's lawyer will negotiate the terms of the "release" of the paperwork. Make sure to let your lawyer help you decide on the optimal timing for this.
  • During the release of paperwork, you will visit a notary to finalize the release. After your paperwork is notarized, you will return it to your lawyer and they will begin processing it with the defendant's lawyer.
  • Keep in contact with your lawyer throughout the process. If you have any liens against you, these will need to be paid before your injury settlement check will be issued.
  • If you won your injury settlement, you will need to pay your lawyer's fees. In some cases, the check for the injury settlement might be sent to the lawyer so that they can deduct their fees and issue a check to you for the remainder of the money.
  • Pay your remaining expenses for medical fees, medication, and rehabilitation once your check is successfully deposited. Depending the complexity of your claim and when the injury settlement was reached, receiving payment from your check can take some time.

If You Reach an Injury Settlement out of Court:

Reaching an injury settlement with the defendant's insurance company involves much less payment red tape. You will still have significant amounts of paperwork to fill out and send for processing, and these documents will still need to be released to the defendant's lawyer. However, in most cases, your paperwork will not need to be notarized in order to be finalized. This can significantly expedite the timeline from injury settlement confirmation to receiving payment.

If you would like to take advantage of a free injury settlement consultation or to learn more about your legal rights, contact Welmaker.