What Is the Process for Receiving My Personal Injury Settlement Check in Alpharetta?

Once a personal injury case is finally settled, you are entitled to receive your money in a reasonable timeframe. Knowing the stages of the Alpharetta personal injury settlement check process can help you track your check and understand what to do when it doesn’t show up. 

Receiving your settlement check could take a month or longer. However, there can be factors that speed up or delay your check. We understand that you need your check as soon as possible to settle outstanding bills and handle other financial commitments. We could help you track down your money and ensure that there are no unreasonable delays. If your check seems indefinitely stuck in the system, causing frustration, get in touch with us now.

What Is a Settlement?

A personal injury case generally starts with the wronged individual’s complaint and demand letter. The demand letter outlines the facts of the personal injury case and a proposed settlement amount. The defendant usually responds by either meeting the demand and settlement amount, making a counteroffer, or refusing to settle. 

Negotiations typically take place before an agreement can be reached between the parties. The case will only settle once all parties agree on an amount for damages. If negotiations fail, the wronged individual can file a lawsuit. Settlements can be reached at any time right up until trial. Once a settlement is agreed upon, the legal dispute is officially resolved. The plaintiff (the person bringing the lawsuit) agrees to release the legal claim and drop the lawsuit in return for receiving compensation.

Most personal injury cases are settled outside of the courtroom, according to the 
Bureau of Justice Statistics (BJS). An out-of-court settlement can be advantageous to both parties as it is generally a faster and less costly process than going all the way to trial.  

Steps in the Personal Injury Settlement Check Process in Alpharetta

Understanding the Alpharetta personal injury settlement check process is crucial if you are waiting for your settlement check in the city. A check will not be issued instantly, and the process usually goes through several steps before you can hold the check in your hands. Since some variables are involved, you might have to follow up with your attorney or the relevant insurance company. While a check can take some weeks to get to you, you might want to investigate if a month has passed and there is no sign of your check. 

1. Signing the Release Document

The first step in getting your settlement check, arguably the most important, is completing the “order of settlement” paperwork. These vital documents have to be completed by both parties. The most important document is the release form which must be signed before the insurance company will issue your settlement check. The form acknowledges that you accept the settlement and “release” the defendant from all further legal claims. 

Consult with Your Attorney

Release documents, much like other official legal documents, are full of legal jargon. However, it is crucially important that you understand the terms and conditions of the release. The agreement is binding, and once signed, you are generally unable to pursue any further compensation.

If your lawyer disagrees with any content or the terms of the release document, there may be further negotiations causing a potential delay in the settlement check process. That being said, patience can pay off as your attorney is protecting your rights and working hard for the best possible outcome of your case. Once your attorney is satisfied with the document, and you have signed it, they will forward the release form to the at-fault party’s insurance company.  

2. The Insurance Company Processes and Issues the Check

Once the insurance has received all required documents and the release form is free of mistakes and has been properly signed, the insurance company has an obligation to process your check within a reasonable timeframe. Usually, processing and mailing a settlement check should not take more than three weeks or thereabouts. However, there can be several reasons why your check could get stuck at this stage of the process, such as:

• The release form was signed incorrectly 
• Your check got lost in the mail
• The insurance employees processing checks are off sick or on vacation 
• The claim involves a minor or the estate of a deceased individual

If you are working with a personal injury attorney in Alpharetta, the insurer will send the check to your attorney directly. If your attorney has not received a check within two or three weeks, they should follow up with the insurance company and determine why the check is delayed. 

If You Are Not Working with an Attorney

If you represented yourself and are not working with an attorney, the insurance company will send the settlement check to you directly. Therefore, if you have not received your check within a reasonable amount of time, you will need to call the insurance company to find out more.

3. Your Attorney Receives the Check

Once your attorney has received the settlement check, it could still take some time before you can lay hands on your money. First of all, your lawyer will deposit the check into an escrow account until the bank clears it. Then, they will take care of your debts and liens, which can include: 

• Paying off any unpaid medical bills
• Reimbursing private health insurance if applicable 
• Reimbursing Medicare or Medicaid
• Paying any past due child support 

At this stage, your attorney will typically work hard to try and get the best deal for you, so they may be taking some time to negotiate with your health providers or health insurance to ensure you are not paying more than you have to. This can be one reason why your settlement check could be slightly delayed.

It is important to remember that you must pay your liens and debts in connection with your personal injury, even if you did not work with an attorney. Once you receive a settlement check, ensure to contact your lienholders promptly to arrange payment. Ignoring your liens could lead to legal consequences and collection action against you. 

4. Deducting Legal Fees and Expenses

Once your attorney paid off your liens, they will deduct their fees from the settlement amount. Depending on your specific case, expenses deducted from your check can include:

• Court filing expenses
• Expert witness fees
• Accident investigation or reconstruction costs
• Mailing and copying costs
• Charges for obtaining official documents
• Deposition costs such as transcription expenses

The attorney will then go ahead and send a check for the remaining amount to your address.

5. Receiving Your Settlement Check

Finally, the day has come that you can hold your check in your hands and begin using the funds. Now, what do you do? You can go ahead and deposit your settlement check with your bank in Alpharetta just as you would deposit any other type of check. Be prepared that the bank teller might ask questions or need authorization from management, especially if the amount is large. 

If you have just gone through a stressful lawsuit or out-of-court settlement process in Alpharetta, you should not struggle to receive your due. If you have been waiting for your check forever, an insurance company is dragging its heels, or you do not know why your check is held up, we can help. Our experienced personal injury attorneys could speed up the Alpharetta personal injury settlement check process.