After you’ve agreed to settle your Florida personal injury claim, you might be eager to receive your settlement check. On average, it typically takes about 2 days to six weeks for the check to arrive after both parties sign the settlement agreement.
However, the timeline can change. Sometimes it takes a bit longer, and in rare cases, you could get your settlement check in less than four weeks. While the wait can be frustrating, getting a settlement check is usually much faster than going through a full trial. Trials can take months or even years, and there’s always a chance that you won’t win your case. So, while waiting for a settlement might take time, it’s often the better choice.
Why Delays in Reaching a Settlement May Be Beneficial
It’s not uncommon for personal injury cases to take weeks, months or even years to settle. While this might seem like a setback, delays can actually work in your favor. Here’s why:
- The Initial Settlement Offer May Be Too Low: In many cases, the insurance company will offer a quick settlement early in the process. While this may seem like a relief, don’t rush to accept that first offer. It is often an attempt to get you to settle for much less than your case is worth—before you fully understand the extent of your injuries and damages.
- Waiting Can Help You Get a Better Offer: A delay in settling can give you time to understand your injuries fully, the impact they will have on your life, and the medical costs involved. This period allows you and your attorney to evaluate your damages better and negotiate a fairer settlement.
- Patience Pays Off: Even if you’re facing mounting medical bills, don’t rush into a settlement. There are often ways to handle these expenses, like medical liens or other arrangements, while you wait for a better offer. Patience can lead to a much higher settlement amount, so don’t feel pressured into settling prematurely.
Factors That Can Delay the Settlement Process
Delays aren’t always what you want, but sometimes they’re needed to make sure you get a fair injury settlement. Here are some of the most common reasons why a settlement might take longer than expected.
Waiting to Reach Maximum Medical Improvement (MMI)
Before you can file a claim for damages, it’s often best to wait until you’ve reached Maximum Medical Improvement (MMI). MMI is the point at which your condition is unlikely to improve further with medical treatment. While the goal is always full recovery, sometimes injuries can result in permanent disabilities and long-term suffering.
Before agreeing to a settlement, you must know exactly how your injuries have affected your health, daily life, and ability to work. By understanding the full impact of your injuries, you can make sure that the compensation you ask for matches the true cost of your recovery and any future needs.
Settling too early, without knowing all the facts about your injuries, could mean you don’t receive enough money to cover all your medical bills or lost income. Taking the time to understand your health situation helps ensure that the settlement amount is fair and realistic for what you’ve gone through.
The Need for Expert Witnesses
In some cases, like medical malpractice or product liability, experts might be needed to give their opinion on your case. These experts look at all the details, share what they know, and help explain the more complicated parts of the case to the court or insurance companies. Since experts need time to study your case and prepare their reports, it can sometimes slow down the process of reaching a settlement.
The Size of the Claim
The larger the claim, the more resistance you’ll likely face from the insurance company. If you’re seeking a significant amount of money, the other side may delay settlement by attempting to challenge your claims or by using negotiation tactics to reduce the amount offered. Large settlements can involve complex negotiations that take longer to resolve.
Non-Economic Damages Are Harder to Quantify
Non-economic damages, such as pain and suffering or emotional distress, can be challenging to calculate. These damages are subjective and don’t have a clear monetary value like medical bills or lost wages. The insurance company may challenge these damages, further delaying the settlement process. They may even argue that you should take the case to court, where a judge or jury can determine a more appropriate amount.
Understanding the Settlement Process: What Happens After You Reach an Agreement?
Once you’ve agreed to a settlement, receiving your check involves several steps. While it can take a few weeks, understanding the process can help you feel more in control:
- Negotiating the Settlement Agreement
- Signing the Agreement
- Issuance of the Settlement Check
- Depositing the Check
- Deducting Expenses, such as legal fees, medical liens etc.
- Receiving Your Settlement Check
What to Do if Your Settlement Check is Delayed
If your personal injury settlement check is taking longer than you expected, stay calm. There are steps you can take to keep things moving.
- Contact Your Lawyer. If you haven’t heard anything, your first step should be to reach out to your lawyer. They’re your main point of contact for all settlement-related questions and can give you the most up-to-date information. Your lawyer can help you:
- Verify the status: Make sure the settlement agreement is finalized and sent to the right parties.
- Check for delays: Delays can happen for reasons like paperwork errors or the time it takes for the insurance company to process everything. Your lawyer can look into these delays and give you a clearer idea of when you can expect payment.
- Fix any problems: If there’s an issue causing the delay, your lawyer can help fix it—whether it’s a dispute over medical bills, missing forms, or something else.
- Track the Process. Make sure everything on your end is in order to avoid any unnecessary delays. Here’s how you can help:
- Confirm paperwork is complete: Double-check that you’ve submitted everything needed, like medical records, the settlement agreement, and any other required documents. Missing paperwork can slow things down.
- Ask about any unresolved issues: If something might be holding up the process, like a pending medical lien or a legal question, make sure it’s being handled. Your lawyer will follow up to resolve these issues before the check can be issued.
- Stay updated: Check in regularly with your lawyer or the insurance company to stay on top of the situation. You have the right to know where things stand and when you can expect the settlement.
- Patience is Key. Delays are frustrating, but remember that they’re often a normal part of the process. Many delays are common and aren’t usually a big problem. Whether it’s paperwork being processed or details being negotiated, delays don’t always mean there’s something wrong.
How an Experienced Personal Injury Lawyer in Florida Can Help
Navigating the settlement process can be complex, but having a skilled personal injury lawyer by your side can make a world of difference. An experienced attorney will not only help speed up the process but can also secure a higher settlement for you.
At Prosper Shaked Accident Injury Attorneys, PA, we know how to handle the paperwork, communicate with insurance companies, and navigate the legal process efficiently. This means that you’ll get your settlement money quicker than if you were doing it on your own!
Even more important, we know how to assess the full scope of your damages accurately. This means that any future medical expenses and lost earning potential are accounted for, so you’re not left in debt after the smoke clears.
Let’s face it: insurance companies don’t want you to get the maximum dollar for your injuries. Insurance companies often try to offer low settlements, hoping that you’ll accept the money quickly. They know that many people are eager to move on, so they might offer less than what you truly deserve. Our lawyers are here to make sure you don’t get taken advantage of. We’ll help protect your rights and work to get you the fair settlement you deserve.
Contact Our Florida Personal Injury Attorneys Today
If you’ve been injured and are dealing with the settlement process, don’t face it alone. Work with a trusted attorney at Prosper Shaked Accident Injury Attorneys, PA, who understands Florida’s legal system and is committed to getting you the compensation you deserve. Reach out today for a FREE consultation to ensure your rights are protected.
Call us at (305) 694-2676 or fill out our confidential contact form to discuss your case.