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How is an Injury Victim Paid After the Case is Won?

Posted on behalf of Arnold Law Firm in
wooden table with gavelWhen accident victims agree to a settlement for their injury claims, they are usually eager to receive funds and may have questions about that process. Will the insurance company pay you right away? Will you receive a check in the mail? Below, learn more about how personal injury settlement proceeds are typically distributed and when you are likely to receive compensation. Your attorney will explain the factors that apply to your specific case.

How Settlement Proceeds Are Distributed

Before any funds are distributed, the plaintiff must sign a form that releases the at-fault party from any future claims for the same accident. The plaintiff’s attorney may also need to sign documents to dismiss any court action if the process was already started on behalf of the plaintiff. After all necessary documents are distributed, signed and submitted, the compensation you won will be released to your attorney’s trust account. However, funds from the settlement cannot be released to you until all expenses related to your case have been paid.

Outstanding Medical Expenses

There may be outstanding medical expenses that are not covered by your health insurance policy that need to be paid before you receive your check. It may be possible to settle your bills for less than the full amount by negotiating with the insurance company or hospital.

Legal Fees and Costs

Before receiving your settlement funds, any attorney fees and litigation costs must be paid if you had legal representation. At the Arnold Law Firm, we work on contingency – which means you do not pay us for anything up front and we only get paid if we recover funds for you. You may also need to reimburse your law firm for legal fees and court costs associated with your case before you receive payment. For example, your law firm may have fronted the cost of court filing fees or hired an industry expert to testify in support of your claim. Your health care provider may have also charged a fee for providing a copy of your medical records.

Your Compensation

Once your medical expenses, legal fees and any other expenses related to your case are paid for, your law firm will disburse the remaining funds to you. If there are special circumstances, such as a victim who is a minor, your attorney will explain any additional necessary procedures.

How Does The Disbursement Process Take?

The amount of time it takes to receive your compensation can vary because it depends upon multiple factors and entities, but most payments are processed within a few weeks. For instance, delays can result from waiting for the defendant’s insurance company to issue payment or communications about medical liens.

We Fight for Maximum Compensation for Our Clients

If you were injured in an accident and have questions about the personal injury litigation process, including how funds are disbursed, contact us at (916) 777-7777. The Arnold Law Firm offers no-obligation, no-cost case evaluations and representation on contingency – we don’t get paid unless we obtain compensation for your claim. Our Sacramento personal injury lawyers are prepared to seek maximum compensation on your behalf, should you have a viable claim.

A face-to-face meeting is not required, so you can start and finish the process from the comfort and safety of your own home.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.