The civil justice process is not exactly known for being fast, but it might not be as slow as you might assume. If you agree to a settlement, your case may be completed faster than if you chose a trial. Even so, you might have to wait a little while before you actually receive any money from the settlement.
After you agree to a settlement, it may take at least a few weeks to a few months before you see a check. This time will vary from case to case. If the defendant is strapped for cash, you might have to wait a little longer while they get the necessary funds together. If the defendant refuses to pay the settlement, we can ask the court to enforce it. In some cases, courts will take legal action against the defendant’s finances. We can have liens placed on their property or have their earnings garnished until the settlement is paid. However, this usually means waiting longer to get the full settlement amount.
Speak to our New York personal injury attorneys to get a free case review when you call The Carrion Law Firm at (718) 841-0083.
When Will I Receive a Personal Injury Settlement?
Generally, plaintiffs may wait a few weeks to a few months before they get a settlement check. Your compensation usually does not go directly to you from the defendant. Often, a check may be sent to your attorney, who will then give you the funds, and they may need to process the payment and deduct a portion for legal fees.
The time it takes to get your settlement may also depend on who is paying and their financial situation. For example, if you settle with someone who has the money ready, you will likely get a check faster. If you settle with an insurance company, they may need a few weeks or longer to process the payment before disbursing it to your attorneys.
Some defendants are not quite ready to pay when a settlement is finalized. They might need additional time to gather the necessary funds. We can work with them while also making sure the settlement terms are enforced.
Do Personal Injury Settlements Usually Take a Long Time?
It is not unusual for personal injury settlements to take a while, and some plaintiffs wait many months or even longer before receiving payment from the settlement. Again, how long you wait for a settlement check depends on your specific circumstances, but you should be prepared to wait.
Remember, the judicial system is notoriously slow. Once you agree on a settlement and it is finalized, the payment must be made according to the terms of the settlement, and numerous attorneys are watching to make sure everything is done correctly. As such, the process tends to move slowly.
Talk to your attorney about what you can do while waiting for your settlement check. You might have hospital bills and other expenses to cover while you wait, and your attorney can help you find legal solutions while you wait.
How to Get a Settlement Faster in a New York Personal Injury Case
Negotiating a settlement is different for everyone. Some people complete negotiations and settle rather quickly, while others take longer to reach an agreement. You should speak to your attorney about what you can do to speed up the process.
Many plaintiffs end up waiting a long time to receive their settlement because the defendant is struggling financially, or the settlement is simply more than they can pay all at once. To get payments faster, we can agree to something the defendant can pay or work out a payment arrangement. The defendant might pay a lump sum up front, followed by monthly installments until the settlement is paid.
Another way to speed up your settlement is to be more open to compromise. In short, you might have to let go of some damages to get a decent settlement. In some cases, plaintiffs agree to let go of non-economic damages so that they can get all their economic damages covered by the settlement.
How Long You Have to Negotiate a Personal Injury Settlement
Even though settlements can take time to negotiate, your time is not unlimited.
The biggest leverage you have is your ability to sue the defendant. If they cannot or will not settle, they will have to face you in court, which they might want to avoid. According to C.V.P. Law § 214, personal injury plaintiffs have 3 years to file their cases. This means you have about 3 years to settle before you must file a lawsuit or lose your right to take legal action.
Defendants might try to stall settlement negotiations and wait you out. As your expenses continue to mount, you might become more desperate for a settlement, even if it is not ideal. Our New York personal injury attorneys can file your lawsuit right away, or at least well before the 3-year limitation period ends. This creates more of a time crunch for defendants, and they might have little other choice than to settle.
Why It Might Take a Long Time to Get Your New York Personal Injury Settlement
Before you enter settlement negotiations, you should consider certain factors around your case that might cause delays.
Many settlements slow down because of highly complex facts and laws. Your accident and injuries and the defendant’s involvement might be a very complicated situation, and we need time to parse through the details and get to the truth. If this sounds like your case, you might have to wait longer while negotiating the settlement.
You might also wait longer if the defendant is uncooperative. Settlements are the result of compromise, and some defendants are unwilling to budge on anything. Even if we reach a settlement, the defendant might try to delay payment or even refuse to pay, and we might need to take further legal action. In that case, we can ask the court to intervene and make the defendant comply with the terms of the settlement.
Speak to Our New York Personal Injury Attorneys About Your Potential Settlement
Speak to our Queens personal injury attorneys to get a free case review when you call The Carrion Law Firm at (718) 841-0083.