Winning a personal injury case in Kansas City is a major milestone, but it isn’t the final step. Between signing the agreement and seeing money in your account, several procedural stages need to play out. Each step involves specific paperwork, approvals, and parties who must sign off before funds change hands.
Step 1: You Reach a Settlement Agreement with the Opposing Party
Once both sides agree on a settlement, the terms are formalized in writing. You will be asked to sign a release of liability form, which legally bars you from pursuing further claims against the defendant or their insurer related to the same incident.
This settlement will outline several details: the total compensation amount, the payment deadline, and how you will receive the money. Generally, personal injury settlements are issued as a lump-sum or a structured payout:
- A lump-sum settlement delivers the full amount in a single payment, giving you immediate access to the funds.
- A structured settlement distributes payments over months or years, which can offer steady long-term income.
The right choice depends on factors like your financial situation and the scope of your future expenses. Your lawyer can help explain the pros and cons of each option and verify that the settlement terms align with your goals before you sign.
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Step 2: The Insurance Company Issues the Check to Your Attorney
After the release is signed and returned, the insurance carrier has a set window to issue your payment. The check is made out to your attorney’s firm rather than to you directly. Your settlement is then deposited into a trust account, where the funds remain protected and separate from the firm’s operating money until they are distributed.
Step 3: Your Attorney Deducts Fees and Settles Outstanding Balances
Before you receive your check, your lawyer may need to process several deductions from the settlement total. These typically include the attorney’s contingency fee, case-related costs such as expert witness fees, court filing fees, and deposition expenses.
Additionally, your lawyer may deduct any outstanding medical bills or liens. Health insurers, Medicare, Medicaid, and medical providers who treated you on a lien basis all have a legal right to reimbursement from the settlement. You will receive an itemized statement showing every deduction.
Step 4: You Receive Your Final Settlement Funds
With the fees paid and liens resolved, your attorney releases the net proceeds to you. The settlement payment usually arrives by check or direct deposit, depending on what you have arranged with the firm. If you choose a structured settlement, the first scheduled payment will be issued, and future installments will follow the agreed timeline.
Have Questions About Your Settlement? Contact Us Today
From settlement signing to final disbursement, the personal injury settlement timeline and payout process generally takes four to six weeks, though complex cases may take longer. However, disputes over lien amounts, delays from insurance carriers, or errors in the release paperwork can stall your check at any stage.
Dollar, Burns, Becker & Hershewe can handle the negotiations and filings that resolve these holdups and keep your payout moving. If you plan on pursuing a personal injury lawsuit in Kansas City, contact us today to discuss your case and map out a clear path to the compensation you deserve.