How Can I Track My Settlement Check?

Once your personal injury claim reaches a favorable conclusion, the process of receiving your settlement check can begin. Personal injury cases often last a year or two, from when you file the lawsuit to the moment your lawyer calls to inform you the case has settled. Your attorney has probably heard the question, “How do I track my settlement check?” countless times. Chances are, your case has settled outside the courtroom, but even after negotiations end, here are additional steps to receiving your check.

Understanding the Settlement Process and Timeline

The settlement process involves several steps, which can affect when you receive your check. Review the steps below to better understand the settlement timeline and potential delays that you face.

Relevant documents and release forms are signed

An Order of Settlement form is issued when your case settles. Within 30 or 60 days, depending on the court’s request, you and the at-fault party must complete the paperwork. The at-fault party’s defense attorney prepares the release and outlines the terms and conditions of the lawsuit settlement. The release also states that you won’t pursue additional damages for the same injury.

Your attorney will review the document. If the terms and conditions aren’t in your best interests, they’ll discuss this with the defense attorney. The goal is to arrive at an agreement. If this fails, then a judge will address the matter, which can prolong the time to receive the settlement check. Once you reach an agreement, read the document carefully before signing it in front of a notary public.

You may run into a delay at this stage for various reasons including:

Inability to pay: The defendant does not have the money, in which case your attorney will work on an agreement, such as a payment plan.
Lost documentation: Paperwork can get lost in the system, thus delaying the processes required for you to receive the settlement check.

The insurance company releases the settlement check

The at-fault party’s insurance company typically pays out settlements. Once the insurer receives a signed release form, they will process the check. Legally, insurance companies are obligated to immediately write the check, payable to both you and your attorney. However, internal issues can slow things down. Some states have issued deadlines for sending settlement checks to expedite this process, while a few have passed laws to add interest to settlement amounts if the company doesn’t act swiftly.

Your attorney receives the check

The insurance company then sends the settlement check to your attorney’s office. Funds are put into an escrow account to ensure the insurance company can cover the settlement amount. Once the check clears, contingency fees, legal expenses, and pre-or post-settlement funds owed, as agreed upon, are deducted, and debts related to your claim are paid (if not, creditors holding the liens can sue). Your lawyer will also write another check to distribute the remainder of the settlement to you. Before this, they cannot advance any money to you as the American Bar Association prohibits it.

If there are outstanding liens, your lawyer will have to hold the check for longer. Pending liens can be for unpaid medical bills or related charges against you. If you must reimburse your insurance company or health care provider, owe child support, or owe a previous attorney for their legal services, you must pay these off, or you may face stiff legal penalties.

Your attorney mails your check

Once the funds pay off all legal fees, related costs, and liens, the firm will write you a check and send it to your address. If there are no significant delays, you’ll typically receive the check within six weeks. Once you receive it, you can deposit the funds into any account you wish.

How to Track Your Settlement Check

If you used a lawyer to settle your case, the best way to track your settlement check is to contact them. They can update you on where your settlement check is and provide an estimated timeline for receipt. If they have already sent the check, you can ask them to provide a tracking number so you can view its progress online. The exact amount of time depends on the law firm’s location and the distance the check is sent.

Suppose you did not use a lawyer to settle your case. In that case, you can contact the party sending the settlement check, such as an individual, business, or insurance company, to ask for tracking information.

What to Do if Your Settlement Check is Delayed or Lost

If you do not receive your settlement check by the estimated date, contact the issuing party to determine if there was a delay. If they have sent it, confirm your mailing address and contact details to ensure it was sent to the correct location. If you have not already done so, ask for a tracking number to follow its progress.

If you lose the check-in transit, you can ask the issuing party to put a stop payment on it to prevent it from being cashed. Then, ask them to re-send the check to the correct address.

If the issuing party won’t send the check or is adding unnecessary delays, you can send a demand letter or speak with your attorney about taking legal action.

Apply For Settlement Funding With FCA Today

If the wait for your settlement check is putting you under financial strain, FCA Legal Funding can provide the cash you need. We offer settlement cash advances for victims in Los Angeles and surrounding areas. Once you submit an application, you can receive funding in as little as 24 hours. Apply for funding online or call (855) 870-2274 to start the process today!

Frequently Asked Questions

Can I have my settlement check deposited directly into my bank account?

You can receive your settlement check by direct deposit. Once your attorney deducts the legal fees and all other expenses relating to the case, they can send the remainder to your account via direct deposit.