When Will A Person Actually Receive Your Check For Your Auto Accident Damages?

Posted on: 31 December 2017

The question most pressing on accident victims' minds is how soon after resolving their cases would they receive their compensation checks. It depends on whether you settled your case or went to trial. Here's what you need to know about how early you can expect your payment so you can plan accordingly.

After Settling Your Case

When you settle your case with the liable party—or the insurance company tasked with reimbursing you for your damages—you'll receive your check fairly quickly afterward, usually within 30 days. It's in the liable party's best interest to close the case as quickly as possible because you'll usually be barred from bringing further legal action against him or her as part of the settlement agreement, even if you discover more injuries at a later date or your injuries worsen over time.

Be aware, though, that the money will be sent to your attorney if you are represented by one. The attorney will deduct his or her fees from the amount and then send you the balance. Thus, it may take a little bit longer than expected to get the payment.

After Litigating Your Case

Unfortunately, it can take a lot longer to get your money if you sued and won the court case. That's because the defendant has a number of legal rights he or she can enact after losing the case, and the laws will typically give the person a certain amount of time to take advantage of them. Thus, you usually will not see any money until after the defendant has determined whether or not to continue the case.

For instance, a defendant will usually have 30 to 60 days to file an appeal. Unfortunately, he or she will be able to postpone paying the judgment until after that time period has passed. Even worse, if the person actually files an appeal, you will have to wait until the court decides whether to uphold or overturn the lower court's decision before there's even a possibility of seeing any money from the case.

Your attorney will do what he or she can to discourage the defendant from continuing the case and/or ending it before it gets too far into the legal system. However, this isn't always possible. Thus, you'll need to figure out other ways to get money for your medical, lifestyle, and other needs until the case resolves.

To learn more about this issue or help with your accident case, contact an attorney like Teresa P Williams.

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