You’ve Won a Personal Injury Claim, What Happens Next?

Winning your personal injury claim can be a huge sigh of relief after months of uncertainty regarding the justice you have longed for after suffering an injury as a result of another’s negligence. After the initial excitement from winning the case, it is important you have a clear idea of what to expect as far as the timeline for when you can expect your compensation and how the settlement will be paid out.

The Law Office of Cohen & Jaffe is a New York personal injury law firm dedicated to helping clients get justice after they have been injured due to another party’s negligence. While every case is different depending on the specific details of what occurred, it is important to have a general understanding of how the final step following a successful personal injury claim will go as you wait to receive the awarded compensation, either by a settlement or jury verdict.

What Is the Timeline to Receive a Settlement Check?

After you have filed a personal injury claim and the insurance company for the other party agrees to a settlement, you can expect a check approximately three weeks after the filing of all settlement papers is completed. When this occurs, the liable party has accepted responsibility for causing your injuries. However, if your personal injury case goes to trial, the defendant in your case may decide to exercise their right to file an appeal. If this occurs, you may have to wait an additional one to two years to receive the funds from your settlement if your case wins after the appeal.

In either situation, your lawyer and the lawyer representing the at-fault party will inform the court that the parties have agreed to a settlement. A judge will then issue a document called an Order of Settlement. Once this document has been issued, both parties must complete all required paperwork within 30 or 60 days, depending on the exact details of the case. Your lawyer will help guide you and complete all necessary paperwork to ensure you receive your settlement check as quickly as possible.

How Will Your Settlement Be Paid Out?

To receive the compensation you have won from your personal injury claim, the defense attorney must prepare a document called a release that outlines the terms and conditions of the settlement. The terms for this document can be as short as a single paragraph or as long as 15 pages, and it is important to note that the defense attorney may deliberately make the release as long and complex as possible. This is often a tactic used to try to delay the payment of your settlement. However, you can feel confident that your personal injury lawyer will review the release with extra care to determine if any part of it is objectionable.

If both parties are unable to agree on the terms of the release, a judge may need to be involved. However, your lawyers will try to avoid this from happening as it slows down the payment of your settlement. Once an agreement is reached, you must sign the form in the presence of a notary public. Once signed, your signature indicates acceptance of the terms, which means that you are unable to petition to change them later. Your lawyer will help you review the terms beforehand to ensure you agree with them.

Speak With a Personal Injury Lawyer to Discuss Your Options After Winning Your Case

Winning a personal injury case should feel like the huge success it is. However, even after you have won your claim, you must take a few more steps to get paid. 

At the Law Office of Cohen & Jaffe, our lawyers will provide you with the trusted legal counsel necessary to ensure that you get your settlement check in a timely manner without any hiccups after winning your personal injury claim. To schedule a free consultation with one of our New York lawyers, contact us here or call 516-358-6900. Additionally, subscribe to our YouTube channel for information on changes to New York personal injury laws.

For a free legal consultation, call 516-358-6900