The vast majority—more than 90 percent—of Texas personal injury lawsuits end in a settlement. Settling a case is faster and less risky than going to trial in most situations. A settlement is essentially a deal between you and the party you sued. That person (or their insurance company) agrees to pay you a specific amount, and in return you agree to pursue no further legal action.
After a settlement is reached, there’s a waiting period before you actually receive your check. The length of that wait varies in every case.
Let’s use an auto accident case as an example. Once a settlement is reached between you and the other driver’s insurance company, your lawyer needs to send them some paperwork. If everything is in order, the insurer should send your lawyer a check within a month.
The check is made out to both you and your law firm. Things can get a bit delayed at that point, because sometimes the insurance company makes mistakes like putting the wrong name on the check. Some insurers also have a practice of writing checks only a few times per month, so that can cause a delay as well.
When your law firm receives the check, they’ll deposit it into the firm’s trust or escrow account. The funds stay in that account until the check clears. This could take up to seven business days.
After the check clears, some of the money will be used by the law firm to pay any bills that are still remaining from your case. Such bills might include:
After the bills are paid, the law firm will take a percentage of the money as its fee. You may remember signing a contract when you hired your lawyer. That paperwork includes a section explaining what percentage of your settlement would go to the firm.
That same contract might also state that certain costs will come out of the settlement. Such costs could include the cost to pay expert witnesses, conduct depositions and the cost of obtaining medical records. The firm should give you a detailed statement listing every cost. If they don’t, you should ask them to provide one.
Finally, after the legal fees and costs are paid, the firm will send you a check for the rest of the settlement amount.
Every situation is different so it’s not really possible to give an exact timeframe for how long this all takes, but it’s safe to say that it usually takes less than two months. Expect it to take longer than that if your case involved wrongful death or injuries to minors.
Ted B. Lyon & Associates is dedicated to helping injured people in Texas. We’ll work to maximize your compensation, whether through settlement or trial. If you’ve been injured, call our Dallas office at 877-Ted-Lyon / 877-833-5966 or send us an email to arrange a free initial consultation.
