Why has my Lawyer not Released my Property Damage Check to Me?

Getting to the point of settling your accident case can be agonizing, and most people go through periods where they wonder if they’ll ever get paid for their injuries and property damage. But finally, your case is settled, and you are just waiting for the insurance company to send you the check. Or, if you had a personal injury lawyer negotiate the settlement for you, the check would go to their office first so the cost of legal fees can be deducted. But after that, you’ll finally get the money you need to cover your hospital bills and other financial losses.

The problem is, many people find themselves without their check for weeks or months. Even worse, there is radio silence from your lawyer when you contact them to find out why your property damage check hasn’t been released yet. Many questions run through your mind, including:

• What should I do if my lawyer won’t send over my settlement check?
• Can I track my property damage check from the insurance company?
• What can I do if my lawyer won’t respond to my calls and emails? Am I able to switch my lawyer or is it too late?

Without a doubt, this is a concerning situation that must be resolved as soon as possible. In this article, we will talk about the steps you should take if you can’t figure out why your lawyer is holding onto your settlement check without a valid explanation. Please know that we are here 24 hours a day, 7 days a week if you have questions about your rights and legal options.

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What Happens before the Insurance Company Pays for an Accident?

There are specific steps that insurance companies and your attorney have to take before money is released to you following a settlement. First and foremost, you will need to sign a release, which essentially states that in exchange for accepting the settlement, you will not take any further legal action against the defendant.

Keep in mind that you may need to wait for the other party to sign the release and for these forms to be processed by the insurance company. How long it takes for this to happen depends on various factors, but we have found that larger amounts (settlements in the 6 and 7 figure range) typically take the longest, and this is actually a ploy used by some companies to make you panic and accept a reduced offer. So, the key is to hold out and not fall for these tactics.

Once the check is released, it will be sent to your attorney, who will deduct the necessary expenses, i.e., any liens and their fee for representing you if they agreed to take your case on contingency. There will be other costs involved, like court fees, cost of hiring expert witnesses, depositions, taxes, etc. After all that is settled, your law firm will send out the settlement check with a copy of the fee statement and the agreement you signed after both sides agreed on the amount of compensation.

With all the procedures that are required by law, most people wait at least 1 month before they receive their settlement, though 6 to 8 weeks is a more realistic timeline depending on the amount and how long it takes to resolve all the liens for your medical treatments and other expenses. In the event there are issues that delay your check beyond 2 months, your lawyer should communicate these reasons with you and be responsive if you have any questions or concerns.

Valid Reasons that can Hold up a Property Damage Settlement Check

It’s important to note that there are legitimate reasons to hold up a check for property damage or bodily harm after an agreement has been reached with the insurance company. The most common issues that delay the release of a personal injury settlement are as follows:

• Waiting for the other party to sign the release form
• Delays caused by lawsuits against multiple defendants or an estate
• Last minute disputes over liability (especially if multiple defendants are involved)
• The amount of money that’s being released and any liens on the funds from hospitals, creditors, etc.

Of course, it’s your attorney’s job to explain the problem and ensure that you understand what they are talking about. This can be a problem if your lawyer won’t call you back or answer your texts and emails. So, what do you do if you can’t get an answer on why your lawyer has not released your property damage check to you?

What can I Do if my Lawyer won’t Tell me What’s Going On?

If it’s been two months or longer and you still haven’t received your settlement from an injury claim, here are the steps we recommend:

• Make sure to document all the times you have called or emailed your lawyer and gotten no response as to what’s going on with your settlement.
• In addition, contact the defendant’s insurance company and make sure that the check has been sent to your lawyer’s office (they should have proof delivery). If there is a lack of communication between you and your law firm, this may be the problem that’s holding up your check.
• Send a formal letter by mail or email asking for a full accounting of the funds, the status of your settlement check, and an itemized list of all deductions. Also, ask for a copy of your case file, which is your legal property that you can ask for at any point. These documents should be ready for you in 2 to 5 business days.
• Look through all the documentation sent by your lawyer and see if there is a reason for why it may be taking so long for them to release your payment.
• If you believe there is nothing that should be holding up your check and your lawyer is still failing to provide an adequate response, file a complaint with the State Bar of California.
• Talk to a lawyer that is experienced in legal malpractice lawsuits. They have the knowledge to evaluate your case and advise you on the best course of action, which may include suing your lawyer and/or find a new attorney. They can also help you contact the State Bar and take any other actions that can help to expedite the release of your property damage check.

Can I Fire my Lawyer and Hire Someone Else?

Technically, the answer is yes, you can fire your attorney and hire a new lawyer at any time. So, whether you are in the middle of negotiations or waiting to finalize a settlement, it’s your legal right to find someone else to represent you. But his is not a decision that you should jump into, as there are consequences to every action you take in a legal case. Even if you are 100% certain that cutting ties with your lawyer is the right choice, please take the time to discuss your concerns with another legal expert.

Our law firm is happy to offer you a free second opinion on your case, which you can schedule by contacting our office. There is no obligation to change lawyers or do anything else aside from talking to us and making sure that you have a full understanding of your legal rights.

Schedule a Free Second Opinion

Questioning your lawyer’s actions is natural at any point in the legal process. However, not having your funds released to you month after month is a serious issue that should not be ignored. To help you make the best decision regarding your case, we would like to offer you a free second opinion consultation. This is a private meeting with one of our attorneys, who will answer any questions you have and educate you on the available legal options.

Whether we have the pleasure of representing you, the ultimate goal is to ensure that you understand your rights and not be denied the compensation you fought so hard to obtain. If you have concerns about your settlement check being delayed or any other issues with your current law firm, please reach out to us at your earliest convenience.

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