When Can You Receive Your Settlement Payment From A Car Accident?

Law Blog

Once your car accident lawyer has negotiated a settlement with party responsible for your injuries, the next step is to collect your payment. Depending on your situation, this can be difficult sometimes. 

When Will You Be Paid?

There are various factors that impact when you will receive the payment from your settlement. If your claim was with an insurance company, your attorney most likely ensured that a "pay by" date was included in the settlement offer you accepted. In those cases, you can refer to your documentation to determine when you will receive your payment. 

If your case ended up going to court and a jury decided in your favor, when you receive your payment depends on the judge and whether or not the insurance company plans to file an appeal. The judge can order the insurance company to make payment to you by a certain date. Since the payment date will be considered part of the judge's orders, if payment is not received by that date, your attorney can ask the judge to take action to force payment. 

However, if the insurance company files an appeal, your payment will be delayed. If a judge agrees with the decision in your case, a new date to make payment by will be issued. However, if an appeal is granted, your attorney can choose to either attempt to negotiate with the insurance company or try your case in court. You will have to wait for the outcome to receive payment.

What If You Sued an Individual?

In the event that the responsible party for the accident did not have insurance and you were forced to sue him or her in court, getting payment can be tricky. Ideally, the defendant will pay within the timeframe outlined by the judge. However, if the defendant does not pay, you might have to take further legal action to collect payment. 

You can attempt to work out a payment plan with the defendant. You can also go back to the court and ask for a garnishment of the defendant's pay. If granted, the defendant's employer would deduct a portion of his or her pay and deposit the money with the court so you can receive payment.

Your attorney can provide you with a specific date by which you can expect payment. He or she can even help you take the necessary legal actions required to collect payment if you do not receive it in a timely fashion. For more information, contact an experienced lawyer from a firm like The Best and Westover.


17 June 2015