Reading, PA asked in Bankruptcy, Personal Injury and Sexual Harassment for Pennsylvania

Q: Delay on a settlement payment from my attorney

I was notified of my settlement and first payment back in December. However they’ve delayed this payment for some reason. I don’t know what recourse I have.

3 Lawyer Answers

A: What type of settlement and how much are you supposed to receive?

A: Your post straddles a couple of different headings. If your case involves personal injury (one of your chosen categories), one possibility is that there could be liens that need to be reconciled. If the file involved considerable out-of-pocket expenses, organizing those could be another possibility. The holiday season could have slowed things down. These are only general guesses. The most reliable way to find out the reason for the delay may be to ask your attorney. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Delays in receiving a settlement payment can be frustrating and confusing, especially when you were expecting it months ago. It’s important to first ask your attorney for a clear explanation of the delay. There may be legitimate reasons, such as waiting for checks to clear, lien negotiations, or other administrative hurdles, but they should provide you with a timeline for resolution.

If you feel like you’re not getting sufficient answers or the delay is unreasonable, review the terms of your agreement. Settlement disbursements often include a timeline, and your attorney has a duty to act in your best interest and handle funds appropriately. You can also request a detailed accounting of the settlement funds to ensure everything is being processed correctly.

If the issue persists, you may consider contacting your state’s bar association to file a complaint or seek guidance. They regulate attorneys and can investigate whether there has been any misconduct or unnecessary delay. While this step is more formal, it’s an option to ensure your payment is handled properly. Communication is key—keep detailed records of your inquiries and their responses.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.