A personal injury lawsuit settlement is a legal process that can take varying amounts of time to resolve. The timeline depends on several factors, which we will explain in detail below.
Timeline of a Personal Injury Lawsuit Settlement
The time it takes to calculate compensation for personal injury typically follows these key steps:
Filing the Lawsuit: The First Step
The first step is filing a formal lawsuit. Under Fla. Stat. § 95.11, the claimant has two years to file the lawsuit against the defendant. To strengthen your case, it’s essential to present solid evidence such as witness statements, medical reports, and visual documentation. With these materials, a bodily injury settlement can then be pursued.
Insurance Company Settlement Negotiations
Negotiating with insurance companies is a critical phase. Insurers often attempt to settle for a lower amount initially, but the involvement of a top rated personal injury lawyer can significantly increase the settlement offer.
One notable case among personal injury settlement amounts examples is the lawsuit against Blue Cross Blue Shield, where the insurer was ordered to pay $2.8 billion to healthcare providers.
Signing the Release Form: What Does It Mean for Your Case?
In a personal injury lawsuit settlement, signing the release form is often the point of no return. This document waives your right to make additional claims for the injuries. Florida law requires that the release form is clear and fully understood by all parties involved.
Receiving the Settlement Check
Wondering how long to get settlement check after signing release? On average, it takes between 2 to 6 weeks to receive the settlement check. However, delays can occur due to ongoing negotiations with the insurance company or unresolved liens.
The resolution of liens is crucial before any funds can be disbursed. Higher medical or legal costs can prolong the settlement process.
Common Delays in Personal Injury Lawsuit Settlements
Understanding common delays can help you better navigate the personal injury lawsuit settlement process.
Medical Liens and Documentation Problems
Liens are a frequent cause of delays. Healthcare providers often place liens on settlement funds until all related expenses have been covered. Without resolving these liens, the settlement check cannot be released.
Negotiations Between Lawyers and Insurance Companies
Negotiations between lawyers and insurers can also delay settlements. Insurance companies aim to minimize payouts, making it critical to have a skilled attorney to ensure a fair bodily injury settlement.
Court Congestion and Trial Delays
High court workloads and case backlogs can significantly delay the resolution of lawsuits. This is particularly common in areas with heavy legal activity, where trial dates are hard to secure.
How Long Can an Attorney Hold Your Settlement Check?
Many clients ask, how long can a lawyer hold your settlement check? Generally, delays are not caused by the attorney but by the complexity of the settlement negotiations. These negotiations can extend for several weeks in challenging cases.
Reasons for Delays in the Distribution of Settlement Funds
Several expenses associated with the settlement must be resolved before funds are distributed. Medical bills, legal fees, and liens often account for the majority of delays. The severity of the injury usually dictates the associated costs.
Your Legal Rights in a Timely Payment
Florida law mandates that once the release form is signed, the distribution of funds should not face unreasonable delays. If an attorney withholds the check beyond a reasonable timeframe, the claimant has the right to file a complaint.
Why Choose Louis Berk Law for Your Personal Injury Lawsuit?
Looking for a top-rated personal injury lawyer? At Louis Berk Law, we specialize in securing the best compensation for personal injury cases. Our tailored approach ensures you receive the compensation you deserve quickly and efficiently.
Speak with Louis Berk Law to expedite your case and achieve a favorable personal injury lawsuit settlement.
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