When a personal injury case in Florida is resolved through settlement, clients often wonder how long it will take to receive their compensation. While the timeline may vary based on the circumstances, a fair understanding of the legal obligations and procedures regarding settlement check release time can help set clear expectations.
If you have been injured in an accident, the knowledgeable personal injury attorneys at Amanda Demanda Injury Lawyers can address your questions and concerns.
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The Settlement Check Process: A Step-by-Step Breakdown
The personal injury lawyer settlement process for check release involves several steps, each of which affects the timeline.
Agreement and Release
Once both parties agree on a settlement amount, the injured party must sign a settlement release agreement, which waives their right to pursue further legal claims. In Florida, the defendant or their insurer cannot issue a settlement check until this document is signed.
Issuance of the Check
After the release is signed, the insurance company or defendant is obligated to issue the settlement. In Florida, insurers are typically required to send the payment within 20 days after receiving the signed release, as per Florida Statutes § 627.4265. A 12% annual interest rate will start accruing from the 21st day of the delay.
Depositing the Check in a Trust Account
Upon receiving the settlement check, the lawyer deposits it into a client trust account, also known as an Interest on Trust Account (IOTA). Florida law mandates that attorneys hold client funds in these accounts to ensure proper handling and compliance with fiduciary duties.
Resolution of Liens and Outstanding Bills
Before disbursing funds to the client, the lawyer must resolve any liens or outstanding bills associated with the case. These may include:
- Medical liens: Hospitals, doctors, or other medical providers may have a claim on the settlement to cover unpaid medical bills.
- Insurance liens: If a health insurance company or Medicaid/Medicare covered the client’s treatment, they may seek reimbursement.
- Legal fees and case costs: The attorney deducts their agreed-upon contingency fee and any case-related expenses (e.g., expert witness fees).
Final Disbursement to the Client
Once all deductions are made, the attorney provides the client with the remaining funds. This process includes a closing statement that details all deductions and the final amount disbursed.
How Long Can a Lawyer Hold a Settlement Check in Florida?
Florida law doesn’t specify an exact timeframe regarding settlement check disbursement, but ethical guidelines and fiduciary duties require attorneys to handle funds swiftly and efficiently. According to the Florida Bar Rules of Professional Conduct:
- Attorneys must disburse settlement funds as soon as reasonably possible after resolving all liens and fees.
- If there is no delay due to liens or disputes, disbursement typically occurs within two to three weeks after the settlement check is deposited.
Delays may arise if:
- There are disputed liens that require negotiation.
- The settlement check requires verification or clearance from the bank, which can take a few business days.
- The client or attorney disputes deductions or fees outlined in the closing statement.
What Happens If There Is a Delay in Disbursement?
If an attorney holds the settlement check for an unreasonable amount of time without cause, they may violate Florida Bar rules, including their duty of prompt communication and fiduciary responsibility. In such cases, clients can:
- Request an Explanation: Clients have the right to request a detailed explanation for any delay. Attorneys are required to keep clients informed of the status of their funds.
- File a Complaint: If the delay is unjustified, the client may file a complaint with the Florida Bar Association, which oversees attorney conduct.
How Clients in Florida Can Expedite the Process
While the settlement process is largely out of the client’s hands, there are steps clients can take to help ensure timely disbursement:
- Provide Necessary Documents Promptly: Ensure all required documents, such as the signed settlement release, are submitted to your attorney without delay.
- Communicate About Liens: Notify your attorney of any medical providers or insurers involved in the case to avoid surprises during lien resolution.
- Ask for Regular Updates: Stay informed about the status of the settlement process and inquire about any outstanding issues that may cause delays.
Maximize Your Settlement with Our Top-Rated Florida Personal Injury Lawyer
If you have been injured due to someone else’s negligence, you need a fierce advocate who knows how to deliver results. Florida personal injury attorney Amanda Demanda has built a reputation as a powerhouse negotiator with a formidable record of multi-million dollar settlements for her clients. To schedule your free consultation, call 24/7 or contact us through our form.
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