Dunbar, WV asked in Products Liability and Medical Malpractice for West Virginia

Q: How long after the settlement does a person get the papers to sign for the settlement check?

2 Lawyer Answers
Jonathan Rosenfeld
Jonathan Rosenfeld
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • Chicago, IL

A: The length of time to actually get possession of a settlement check can depend on a number of factors including, but not limited to: parties contributing to settlement, if Medicare is involved, if a court needs to approve settlement and satisfaction of any medical lien holders. Some states have enacted legislation that requires insurance companies to issue settlement drafts within a certain amount of time following the signature of settlement paperwork. If you have an attorney, I would suggest that you contact him or her to ask about the status of the draft. Good luck.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • Chicago, IL

A: The receipt of the "papers" to sign for your portion of the settlement depends on multiple factors. One could be the satisfaction or waiver of any liens, such as a workers' compensation lien, Medicare or Medicaid liens, a subrogation claim made by a health insurer and whether or not there are multiple parties to the settlement. In addition, depending on the status of the case, the court may require vouchers, receipts or an order approving the settlement. Without complications that you have not mentioned, generally the settlement draft should be made available to you with 21-30 days after the release is signed and tendered. Illinois has law on how long that time may be for the releases to be circulated and payment of all sums due to a plaintiff who signed the release. In Illinois payment must be made within 30 days of tender by the plaintiff of the executed release. I would urge you to contact your lawyer on this.

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