A personal injury settlement refers to the monetary compensation that a victim/plaintiff receives from a defendant to prevent the case from going to trial (provided that the plaintiff accepts the settlement). If you have completed the process of filing a personal injury claim, you may be wondering, how long it takes to get a settlement check after signing the release. Most victims in personal injury cases are indeed anxious to receive a settlement check to pay medical bills and other expenses accumulated due to the accident.

The personal injury settlement amount is determined after both parties have examined the evidence and found a rough estimate of how much the case is worth. Both parties will then sign a settlement agreement, and the plaintiff also signs legal documentation giving up the right to pursue a future lawsuit.

It takes about four to six weeks to get a settlement check, depending on the complexity of the case. This timeline can be influenced by various factors, and understanding how long it takes to get a settlement check after signing the release can be crucial for victims awaiting compensation.

In Florida, once a settlement is agreed upon and signed, there is typically no statutory deadline that mandates how quickly the settlement check must be paid. However, most insurers aim to issue payment within a reasonable timeframe, often around 30 days, depending on the complexity of the case and any final documentation requirements.

Remember, you don’t have to take the first check the insurance company sends you; speak with a car accident attorney first. In some cases, pushing for a trial or at least having your personal injury attorney may increase the compensation you can receive from a settlement. This differs on a case-to-case basis.

What happens after you sign a settlement release?

1. After the settlement release is signed, it is forwarded to the insurance company.
2. Once processing is completed, the insurance company will close your claim and forward the check to your attorney.
3. Your personal injury attorney will then place the proceeds into an escrow account. Any claim against your settlement will be paid out of your personal injury settlement, for example, medical liens.
   •  Medical liens are a third party’s legal right to appropriate a portion or the entirety of the settlement from the personal injury claim.
4. Your attorney’s fee will be deducted from the injury settlement amount. A final check will be sent to you by your personal injury attorney.
5. It takes about six weeks to receive a settlement check once the release is signed and the insurance company agrees to pay.

How Are Personal Injury Settlements Paid Out in Florida?

After the release is signed, the defendant’s insurance company initiates the payment process. Florida law does not impose a specific deadline for when the settlement check must be issued; however, most insurers aim to release funds within a reasonable period, often within four to six weeks. During this period, the insurer will confirm that all required documents have been received, and they may take additional steps to ensure the legitimacy of the payment, particularly in high-value cases.

Once the insurance company has processed the payment, they send the settlement check to your attorney’s office. This step is standard in Florida and provides a layer of security for you as the claimant. Your attorney will deposit the check into a dedicated escrow or trust account, where it undergoes a brief holding period to ensure the funds clear. After the funds are secured, your attorney will deduct any outstanding fees and expenses related to your case, such as medical liens, court costs, and attorney’s fees.

Finally, the remaining settlement funds are disbursed to you. This structured process protects your interests, ensuring that any required legal and financial obligations are addressed before you receive your portion of the compensation. Consulting closely with your attorney at each step allows you to maintain a clear understanding of the timeline and guarantees that you are receiving the maximum benefit from your settlement in a timely, legally compliant manner.

If you find yourself waiting longer than expected for your settlement check, there could be several reasons for the delay. There are some common factors that may impact when your settlement check arrives.

Reasons Your Settlement Check May Not Have Arrived Yet

The legal and factual matters of the case

First, attorneys begin by determining who is liable for the accident. In cases where liability is difficult to decide on, the defendant’s insurance will offer a low settlement. This also prolongs the process of arriving at the settlement amount. A doctor’s testimony may also be necessary. In such cases, the doctor may be asked to estimate how much of the defendant’s carelessness caused your injury, which is used to determine a reasonable personal injury settlement check offer.

Pain and suffering

What is ‘pain and suffering,’ and how is it calculated in a personal injury claim and settlement? Pain and suffering refer to physical or emotional distress that plaintiffs may suffer following an accident. It is challenging to quantify suffering as it comes in many forms and is often left to interpretation, examples like PTSD, anxiety, and depression are hard to determine. Pain is easier to quantify because it is very straightforward, like broken bones or spinal/neck injuries. Insurance companies use two methods for determining these damages: pain and suffering multiplier and per diem.

Pain and Suffering Multiplier: most common, add all special damages then multiply that figure by a number on a scale of 1-5 depending on the severity of the accident (most commonly used is 3) to get a proper amount. The number chosen from the scale is what your suffering damages would look like.
Special damages include medical bills, lost wages, and proper damage.

Per Diem: a per day rate in which a specific dollar amount is specified for each day you live with the pain and suffering caused by the accident. This is a less common method because you have to justify the daily rate you use and is reasonable for the damages in the claim. Also, if the personal injury claim involves long-term or permanent injuries, it does not work well.

Medical improvement

It’s common only to process a personal injury claim once you have reached the maximum medical improvement. Settling during treatment or while on medication will forfeit your right to go after the defendant for a higher settlement amount if an unforeseen injury or complication arises later. You may be responsible for the resulting medical expenses.

Do not feel like you have to rush to sign a settlement; this is where many insurance companies try to get you. If you do not have a personal injury attorney to help you with your claim, your insurance company will try to close your claim quickly and for the least amount of money possible. It can be very daunting to look at medical bills and property damage bills after an accident, but receiving the most compensation you deserve will help alleviate those bills in the long run.

If the settlement check amount is higher than the average

The defendant’s insurer will not pay a large sum of money without a meticulous investigation. In cases where the settlement for car accidents reaches six figures, it’s common for the review process to take much longer. You can increase the chance of getting the most money from an accident injury claim by closely following your lawyer’s and doctors’ advice.

Bank Processing and Hold Times

Larger settlement checks may be subject to bank holds or additional verification to ensure funds are available, adding several days or more to the overall processing time.

Check Inssurance Schedule

Some insurance companies issue checks on a set schedule, meaning that even if a settlement is reached, it might not be processed until the next issuance date.

Verification of Check Legitimacy

For large settlement amounts, insurers may take extra steps to confirm check validity, leading to possible delays in disbursement.

Interstate Operations

When insurance companies operate across multiple states, additional coordination may be needed, which can extend the processing time.

Being aware of these potential delays can help you set realistic expectations and prepare for the wait that may accompany your settlement check.

If you have not received your personal injury settlement check after four to six weeks, you should contact your personal injury attorney and ask for an update. Your attorney will discuss possible reasons you have not received your settlement yet.