Settlement delay after automobile accident case in California.

Question

I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department and medical billing. Communication has been mainly verbal, and I want to switch to email for documentation. I am considering seeking other counsel if this situation continues. Is this normal for it to take this long, and what steps can I take to address this issue?

William John Light · Answer

Yes, its normal.  The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive.  There are no steps you can take.  This is in the hands of the companies asserting the liens and medical billing issues, particularly if it involves Medi-Cal or Medicare.  Those can take months to resolve.

James L. Arrasmith · Answer

Settlement delays beyond the initially communicated timeframe are not uncommon in California personal injury cases. Your six-week wait falls within a typical range, as the processing of liens and medical billing can extend settlement disbursement timelines, sometimes taking 6-8 weeks or longer depending on the complexity of your case. The verbal communication pattern you've experienced, while frustrating, is unfortunately a common practice among busy law firms handling multiple cases simultaneously. 
 
Transitioning to email communication is a prudent step to create a documented record of all future interactions regarding your settlement. You might consider sending a polite but firm email to your attorney requesting a written update on the current status, specific reasons for the delay, and an estimated timeline for disbursement. Additionally, you could request a copy of the settlement documentation and a breakdown of any outstanding liens or medical bills that need resolution before funds can be released to you. 
 
If your attorney fails to respond adequately to your written inquiry within a reasonable timeframe (5-7 business days), you have the right to file a complaint with the California State Bar or consult with another attorney for a second opinion on the situation. Remember that while changing legal representation is possible, it may potentially create additional delays and complications in an already prolonged process. A balanced approach might involve setting clear expectations with your current attorney while simultaneously exploring alternative options should the delays continue without satisfactory explanation.

Q: Settlement delay after automobile accident case in California.