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When will I get my settlement check?

 

A:

You settled your accident or medical malpractice case here in New York, and now you want to know when you're going to get your settlement check. That's a valid question. It's also a question that has multiple answers.

 

Let me give you the short version.

From the time the defense attorney receives all the appropriate settlement papers, they have three weeks within which to make payment. However, the check will be made payable to you and to the law firm. That means that you must come into the office in order to sign the check so that it can be deposited into the attorney trust account, also known as an escrow account.

It will then take a few days in for the check to clear. Only at that time will the attorney be able to cut your share of the settlement check.

If this matter involves a wrongful death case, it could be months after your matter is settled before you are able to receive your share of your settlement. The reason why it takes so long is that all cases involving death actions must be approved by the court first, before you are permitted to obtain your money.

Did you know that in order to start the clock ticking for those three weeks, your attorney must send the appropriate closing papers by certified mail, return receipt requested. It cannot be sent by regular mail.