How long after the case is settled until you get paid?
We recently received a phone call from a nice guy who has a fairly reputable attorney that appears to have gone off the deep end. His case was settled in December and he still hasn't been paid.
There is not set rule for how long an insurance company has to pay a settlement or Arbitrator's award, but generally speaking, once 30 days have passed it becomes an issue. Usually at 60 days if you haven't been paid then you can probably get penalties and fees against the insurance company which means that you would likely receive 50% more for your case.
For some reason, our caller's attorney told him that it could be up to six months before the check is received. Huh? If I didn't know the attorney who was helping him I would have been worried that his money was stolen, but it's still bizarre. To make matters worse, the lawyer apparently isn't returning his calls. That is certainly a sign of a problem.
Don't be afraid to ask your lawyer about these issues before you sign settlement contracts. And if you are having trouble getting your check, hold their feet to the fire.
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my wife injured her back on the job.she had 1 surgery to shve the bone on a nerve.that didnt help so she had pins and rods put in.she still lives with pain daily and doctor said she was at mmi.he said at her age 51 she is considered permantly disabled.she has no college behind her.well the attorney for insurance company offered 175k and 90k for set aside she turned it down and a month later they offered 225k and 90k for set aside and she accepted their offer.that was march 7 2010.it is now october 5 2010.we have not seen any papers to sign.our attorney said they can take as long as they want.we have asked our attorney to go in front of the the judge and nudge them to have papers to sign.he told us a judge cannot give a lump sum judgement.can they stall forever?i think we should be entitle to penalties and fines.we are debating hiring another attorney but we would still have to pay our attorney and then another attorney.we just dont understand how insurance attorney offer was accepted the just stall and stall.sure would apprieciate any advice you could give.feel free to email me anytime.
You can't file for penalties unless benefits are wrongfully not paid. If I was your lawyer I'd file a motion for trial and at the same time prepare settlement contracts and send them to opposing counsel. I don't know of any lawyer that would take over at this point. If they don't pay the settlement then just get your benefits at trial.
I'm fixing to have surgery on my shoulder for an impingement on 10/19/2010. I am wondering if i need a lawyer to make sure i am treated fare thoughout this whole proccess.I have been injured since Feb. and they had exausted everthing to try to opt out surgery, but this is what it has came to. They have treated me good so far but just want to make sure things don't get ugly after this. And is there an amount paid for my injuries after this if all done and over with automaticly? How long after i am released do they have to settle with me? If something goes wrong who do i go to? These are a few questions i have that is why i wanted to know about getting a lawyer. During my process of dr. apptments, a workman comp nurse came down from chicago to go to the appointments with me, but never did this with anyone else that was injured through work??
We did not sign a settlement check for I do not agree and the lawyer is saying we agree on the phone, we agree on that amount not knowing we would be stuck with medical bills and we knew we had to pay his fee, so in return he would get pay more than I would receive after I pay the medical bills, He said If i Do not sign it will cause a conflict with him and he will take me to court to force me to pay him ? And I would have to pay for court cost ect ?? Is this Normal ? I have a permanent injury , Can I get another Lawyer, This one is scaring me , he is not nice either,
WE REPLY: In order for there to be a settlement check that means you signed a settlement agreement. Seems like it's too late and yes he could take you to court. Either way, I don't think a lawyer in the world is going to step in to a mess like this.