Chicago, IL asked in Car Accidents for Ohio

Q: I was given a settlement due to a car accident. Today when I was called in to get my check, I was told I needed to sign

the full settlement check first and they would need to deposit it into their account and wait for it to clear before I would be issued my check. Is this normal?

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4 Lawyer Answers
Matthew S Flemming
Matthew S Flemming
Answered
  • Personal Injury Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Yes.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: It sounds like your attorney needed your indorsement on the back of the check to deposit it in an escrow account, from which an attorney's check would be issued to you as your net award, and another check issued to the law firm for their legal fees and out-of-pocket disbursements. It all depends on how the check was originally issued by insurance carrier and how it listed payees (and, or, or with other joint terms). It isn't always necessary, but it isn't unusual. Good luck

Tim Akpinar

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Yes. They would normally have a settlement sheet outlining costs. The other reason is that in some cases there may be liens ---for instance if Medicare paid some of the bills. But discuss all this with the attorney.

James J. Hux
James J. Hux
Answered
  • Personal Injury Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Yes, this is normal. Attorneys usually have to deposit the funds into a trust account first to clear. The only way that would not occur would be if the insurance company provided separate checks for everyone with a lien/interest in the settlement amount.

Attorney James J. Hux

Hux Law Firm, LLC

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