In Missouri, most personal injury claims are resolved outside of court through settlement negotiations with the responsible party or their insurance company.
This process can also apply even after a lawsuit has been filed, with many cases being settled before reaching trial.
One frequent concern among clients in St. Louis, Missouri, involves understanding how and when they will receive their settlement check after a personal injury claim.
Suffering a personal injury can lead to significant financial strain, including lost wages and medical expenses, on top of the physical pain and emotional distress.
For many, the urgency to receive the settlement funds stems from a prolonged period of recovery that has kept them from working.
Before a settlement check is issued, several key steps take place in the personal injury claim process. It’s important to be familiar with these steps to set realistic expectations for receiving your settlement.
These steps typically include:
- Sustaining an injury and receiving medical treatment
- Hiring a lawyer
- Conducting an investigation and collecting evidence
- Completing your medical treatment
- Engaging in settlement negotiations after sending a settlement demand
- Signing a settlement agreement
- The issuance and distribution of the settlement check
Should negotiations fail to yield a fair settlement, legal counsel may recommend taking the case to court.
A lawsuit involves numerous steps such as filing legal documents, discovery, pre-trial motions, and potentially, settlement talks and mediation before trial.
In St. Louis personal injury cases, a legal settlement is a voluntary agreement to resolve the dispute, where the injured party agrees to dismiss their claim in return for a compensation amount from the other party, who does not admit fault by this action.
Once you enter into a settlement, you waive your right to further legal action on the claim.
Given the binding nature of this agreement, it’s crucial to have legal representation to ensure the settlement terms are in your favor, as opposing parties typically do not prioritize your best interests.
After signing a settlement agreement in St. Louis, MO, the process to receive your funds begins. The insurance company will issue a check, which is often sent to your attorney’s office.
For substantial sums, an electronic transfer might be used. The attorney then deposits the check into a trust account until it clears, after which they can distribute the funds.
Before you receive your portion, certain deductions are made from the settlement amount, including:
- Outstanding medical bills and liens
- Child support arrears
- Attorney’s fees and case expenses
Personal injury attorneys usually work on a contingency basis, meaning their fees are a percentage of the recovered amount, and you owe nothing if the case is not successful.
Delays in receiving a settlement check can occur due to disagreements over the settlement’s terms, issues with the insurance company’s processing, or negotiations over medical liens, among other reasons.
If you have concerns about the timeline, it’s best to communicate with your attorney, who is committed to securing your settlement as swiftly as possible.
Contact Sansone & Lauber for immediate help at 314-863-0500.
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