Personal injury settlements, often the outcome of extensive negotiation and litigation, are a key part of the legal landscape. Various incidents, ranging from car accidents to medical malpractice, can result in such settlements.
The funds are meant to cover damages incurred by the injured party, but understanding how these sums are paid out can be a complex endeavor. This article aims to provide a comprehensive exploration of the process through which personal injury settlements are disbursed.
Statistics about Personal Injuries at Work in the US
In 2019, there were approximately 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers in the U.S. (Bureau of Labor Statistics).
The private industry incidence rate for total recordable cases of nonfatal injuries and illnesses was 2.8 cases per 100 full-time equivalent workers in 2019 (Bureau of Labor Statistics).
Manufacturing and construction were among the industries with the highest workplace injuries and illnesses in 2019 (Bureau of Labor Statistics).
Among all sectors, the highest incidence rates of nonfatal occupational injuries and illnesses in 2019 were in nursing and residential care facilities (Bureau of Labor Statistics).
In 2019, one in every 100 full-time workers in the U.S. had a reportable workplace injury or illness (Bureau of Labor Statistics).
The most common workplace injuries include sprains, strains, and tears; overexertion; and falls on the same level (Bureau of Labor Statistics).
Over 5,300 workers died on the job in 2019, an average of more than 15 deaths per day (Occupational Safety and Health Administration).
The fatal work injury rate was 3.5 per 100,000 full-time equivalent workers in 2019 (Bureau of Labor Statistics).
Commencement of the Process
The initiation of the personal injury settlement disbursement process typically occurs once all parties involved have agreed on a settlement. Upon the conclusion of the case, the defendant, or more commonly, their insurance company, is provided with a window of time—generally between 20 and 30 days—to submit the settlement check to the legal representative of the plaintiff.
This time-bound process is activated the moment both parties involved append their signatures to a release document. This critical piece of legal paperwork not only confirms agreement on the settlement sum but also provides assurance to the defendant through its stipulation that bars any future claims that may arise in connection with the incident that caused the personal injury.
Settlement Check Protocol
The next phase in the disbursement procedure involves the receipt and handling of the settlement check. This check, issued in the name of the plaintiff and their legal counsel, is promptly deposited into a unique financial reservoir known as a client trust account.
Attorneys utilize client trust accounts to store and manage funds that belong to their clients. This distinctive form of account is designed to ensure the absolute safeguarding of the client's funds. An essential aspect of this account type is its inherent separation from the attorney's finances, which protects the client's settlement funds from any potential financial issues related to the attorney.
Calculation and Deduction of Legal Fees
Before the disbursement of the settlement funds to the plaintiff can occur, a series of deductions are applied to the initial settlement sum. The most prominent deduction is that of the attorney's fees. These fees depend on a structure usually defined within the initial agreement formed when the attorney is first engaged to handle the case.
Generally, this fee structure is configured as a percentage of the total settlement amount, a common practice in personal injury cases known as a contingency fee arrangement. This ensures the attorney's compensation is directly proportional to the successful outcome of the case, aligning their interests with those of their client.
Outstanding Liens and Expenses
Additionally, any outstanding liens or expenses related to the case must be resolved. This might include medical bills accrued due to the injury or any advances made by the attorney to cover case costs. If the plaintiff had received any form of public assistance related to the injury, such as Medicaid, those funds may also need to be reimbursed.
Payment to the Plaintiff
Once these deductions are made, the remainder of the settlement is issued to the plaintiff. Depending on the case's specifics, the funds may be paid out in one lump sum or a structured settlement, which provides regular payments over a specified period.
It is important to understand that this process may take time, sometimes several weeks, to be completed. Factors that can influence this duration include The responsiveness of the defendant or their insurance company, the case's complexity, and the number of liens that need to be resolved.
Navigating personal injury settlements can be intricate, but understanding the process and being proactive can help ensure a favorable outcome. First, engage a reputable attorney who is experienced in personal injury cases.
Their guidance can be invaluable in negotiating an appropriate settlement amount and navigating legal complexities. Second, maintain thorough documentation of all medical treatments, expenses, and impacts on your daily life related to the injury.
This documentation will substantiate your claim and increase the settlement amount. Third, be patient. While the process can be lengthy, rushing might result in an unfavorable settlement.
Finally, before accepting any settlement, consult with your attorney and carefully consider whether it adequately covers your expenses and compensates for your pain and suffering. Remember, once a settlement is accepted, further claims related to the incident are typically barred. Your diligence and patience can significantly impact the outcome.
1. How Long Does It Take to Receive a Personal Injury Settlement?
Once a settlement agreement is reached, it typically takes 20 to 30 days for the defendant or their insurance company to send the settlement check to the plaintiff's attorney. However, resolving liens or expenses related to the case can extend this timeline.
2. Are Attorney Fees Deducted from the Settlement Amount?
Yes, attorney's fees are typically deducted from the settlement amount before the plaintiff receives their portion. The fee structure is usually established in the initial agreement when the attorney takes on the case.
3. What is a Structured Settlement?
A structured settlement is an alternative to a lump sum payment where the plaintiff receives the settlement funds over a specific period. This regular payment plan can be beneficial for long-term financial stability.
4. What is a Client Trust Account?
A client trust account is a special type of account used by attorneys to hold and manage funds that belong to their clients. It ensures the funds are protected and separate from the attorney's finances.
5. What Happens If I Have Unpaid Medical Bills?
If there are outstanding medical bills or other expenses related to the injury, these amounts are typically deducted from the settlement funds before disbursement to the plaintiff. Sometimes, such liens must be resolved before the plaintiff receives any funds.
Navigating the world of personal injury settlements can be complex, with multiple steps to take before a plaintiff can receive their settlement funds. Understanding these steps – from receiving the settlement check by making necessary deductions to finally disbursing the settlement – is essential for anyone involved in a personal injury case.
Despite the complexity, this process is fundamental to ensuring that injured parties receive the compensation they are due while maintaining the integrity of the legal system.
Learn more about personal injury protection from our blogs at Disability Help.