How Are Personal Injury Settlements Paid Out?

​Winning your lawsuit for personal injury can feel like such a relief and a victory all at once. However, collecting your settlement money is not as easy as you think. In fact, the process of getting the settlement check into your hands under Connecticut law can take longer than you think. Setting your expectations for the road ahead will help you feel less anxious about getting the money your personal injury lawyer fought so hard to win for you.

Once your lawyer and the defense lawyer have informed the courts that the case has been settled, then the release process starts. This is a back-and-forth process whereby the defense lawyer writes a ten- to twenty-page document filled with a lot of legal jargon that basically agrees to the settlement but with several requirements or “quid pro quo’s”. The release is sent to your lawyer, who reads it over, talks to you about it, changes or requests changes to language in the document neither of you like, and then sends it back to the defense attorney.The release process could take several weeks to a few months to complete.  Usually, the expectation is sixty days or less, but other issues may arise preventing the completion and filing of the release with the courts. You should expect the process to take longer and be thrilled if it finishes sooner than expected.

It’s unfortunate, but healthcare providers and government agencies can zero in on your personal injury case and request a lien against your winnings. If that happens, you have one of two choices. Fight the lien with your lawyer’s help, which only costs you more money, or accept paying the lien as requested. If you opt for the latter, your settlement is reduced, and you have to wait longer to receive what is left. Everybody from hospitals and ambulance services to old child support payments you need to make could create a lien against your settlement and lengthen the time between the end of the case and the payment in hand.

The person or entity you sued could hit you with an appeals process. You see it all the time in class action lawsuits. It takes years to settle those cases because the defendants’ personal injury lawyers keep appealing. Do not be surprised if the other party chooses to pursue an appeals process, in which case, you haven’t really won anything yet. Depending on how many appeals cases the other party chooses to pursue, it could be years before your settlement money reaches your hands.

The check is typically issued to your lawyer first. Anything you still owe him or her is taken out of the check and a new check is cut for you. It is then mailed to your address on file, or you may pick it up at your lawyer’s office. If you are considering pursuing a personal lawsuit in Connecticut, consider hiring The Law offices of Christopher J. Molyneaux, LLC.