9 months ago, I had my case settled. The person who caused my injury lost so I have a personal injury claim. The question is, when will a get the claim?
It is unclear how your claim was resolved. If you had a trial, then you should have had a judgment entered against the other party. You may need to consult with an attorney regarding how to collect on the judgment. If you had an attorney represent you, then contact the attorney for an explanation as to why you have not received the money.
In NY, the settlement check must be mailed 21 days after receipt of a general release by the defendant. If you case truly is settled, you should have been paid long ago. Talk to your attorney about it. I think you are mistaken on the facts. The only other issue is if your attorney is holding funds to satisfy liens (Medicare, etc.) which is very possible.
If there was insurance coverage and there was no appeal, the settlement money should come within 30 days.
Question not clear. Case was settled". What does that mean?you don't get a claim. You make a claim against someone else. If there is insurance, speak to the adjuster about status. If you have a valid claim see a good PI lawyer for his advice Don't expect someone to walk up and give you money.
If you settled your case, you would have had to sign a general release that was forwarded to the defendant for payment. Usually if an insurance company is involved you would be paid with in 21 days from them receiving the settlement papers. IF the City or its agencies are involved it would take longer.
I am having difficulty understanding your question. You have a claim the moment you were injured. The time it takes to conclude your claim can be long or short, depending on whether you settle the case. From your question, it sounds as if you have already settled your claim, or prevailed in a trial, and your question is, when will you get the money. This could depend on whether there is insurance to pay the claim. If insurance pays the claim, then insurance should pay the claim within several weeks after the claim is settled, or judgment rendered (if there is no appeal). However, sometimes the money cannot be disbursed until after subrogation interests are settled. These are sometimes called medical liens. If health insurance, Medicaid, or Medicare paid any of your medical bills, they have subrogation rights to the proceeds which must be satisfied before money can be disbursed to you. This can take several months and in some cases over a year. If there is no insurance to pay the claim, then, you may have to go back to court an ask the court to seize assets of the defendant and sell them at auction to pay our judgment. If the defendant has no assets that are not exempt from execution, you may never collect.
Are you being represented by an attorney? If not, you should at least consult with a plaintiff's personal injury lawyer for specific legal advice and direction.
Unfortunately, your question is far from clear. You state you settled your case 9 months ago. If you settled your case, why would you still have a claim? Was it a settlement, trial court or jury verdict, mediation agreement Have you received compensation There is too much information missing to provide an adequate answer.
Settlement payments are typically due within 30 to 60 days from the date of the settlement. If you filed a case, settled the claim, but have not been paid, you should immediately file a motion to enforce settlement in the court in which you filed your case.
If the case truly "settled" then the other party has 21 days to pay up. But you state that the person who caused your injury "lost". Settlements are not won or lost, they are agreed upon. Sounds like you won a small claims case, now you have to execute on the judgment. That involves filing a transcript with the County Clerk's Office, Serving an Income Execution, Information Subpoena and Restraining Notice.
If you have a judgment for an amount and they haven't paid then you will need to get help from an attorney to enforce the judgment.
If you were awarded a judgment against an individual then you need to proceed with collection proceedings. The Courts do not pay you.
Settling claims can take several months or several years. I can't determine from your answer whether or not you took a judgement and are waiting for the opposition to pay the judgement or if you have not yet filed the claim. See a lawyer.
It is very difficult to ascertain what you are actually asking. What forum did you prevail? In court? in arbitration? in mediation? or did the insurance company agree that you had a valid claim? If there was insurance involved, contact the insurance carrier ? even if it?s the other person?s insurance company. They should be able to track the person by his or her name. Better if you have the policy and claim though. If insurance is not involved and you won in small claims court or in the Superior Court, you have to enforce your judgment. Its rare for a losing defendant to simply write a check. If you have a judgment and have demanded that the defendant pay you, without success, you may need to obtain legal counsel to advise you on the various steps you can employ to enforce your judgment.
When you say settled, I assume you mean that and not just the recommendation of a mediator a settlement is in writing, sets forth the terms and generally is signed by both parties or their lawyers after a settlement, you are generally sent a release which in fancy legaleze says when I get my money, this is the end of it, I will not sue you again for the same thing. You have to sign that and send it back generally the release will have some statement which says when you get paid (such as the check has to be sent to your lawyer within 30 days), then the lawyer prepares a closing statement (which you review and sign), pays all the expenses such as medical bills still outstanding, takes his/her costs and fees and then disburses a check to you. If you had a lawyer, call the lawyer and ask where your money is if you did not have a lawyer and the person has not paid, go back to the court and file a motion asking the judge to order the payment if that does not work, you will have to file a special proceeding to attach assets that will get the defendant's attention but depending on the defendant it may only get you attention.
You say the person "lost" and the case is settled ? You should have received your compensation by now. There is not enough information to give a full opinion on this matter. You should consult a local attorney. Sometime collection of judgments is a problem , when you try to get "blood from a turnip" . Courts issue judgments , but do not collect the money for you. A garnishment of payroll or bank account may be in order.
If you have an attorney, ask them. If you do not, you may never see it. Insurance adjusters are very slimy.
Did you have an attorney? If so, call the attorney's office and talk to them directly. Normally, once a claim has been settled, it takes at the most two months to get your disbursement. Assuming that you settled with the defendant's insurance company, that company will cut a check and the attorney will then make sure all the liens and bills are paid. You will be given a check amounting to what is left over. Again, call your attorney and ask him or her.
You mention a "settlement," which is a voluntarily agreement to resolve a claim for a sum of money, but also indicate that the person "lost," which makes me believe you had a trial. If you "settled" your case, you should have been paid shortly after the settlement and after any paperwork necessary for the settlement had been signed. If your case was tried, the defendant has 30 days to appeal. If the defendant does not appeal, you have a valid judgment that you can then make efforts to collect upon. There are various ways to collect a judgment. However, how to collect a judgment is beyond the scope of this Law Area. Depending on whether you settled or obtained a judgment, you should contact a collection attorney to discuss how you collect from the person who caused your injury.
Your question really doesn't make sense, but when you settle a claim with an insurance company, they usually deliver the check between 3 and 30 days afterwards.
It depends if they had insurance. If no insurance, maybe never. If insurance, it should have been paid eight months ago. What is your attorney telling you?
Ask you lawyer. If money was paid, it should only take a few weeks for the check to clear the banking system. Then your lawyer can pay out the settlement from the Client Trust Acct.
You should call your lawyer and find out where the money is. This sounds like a long time.
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