Guide
From settlement to payment
Agreeing to a settlement is not the same as being paid. Several steps sit in between, and some of them take longer than people expect.
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The usual steps
- You and the other side agree on terms, and you sign a settlement agreement and release.
- If a court must approve the settlement, which can apply in cases involving minors or incapacitated adults, a judge reviews it.
- The paying party sends the funds, usually to your attorney's trust account.
- Liens are confirmed and paid, and case expenses are totaled.
- Your attorney prepares a disbursement statement, and you review and sign it.
- You receive your share.
What to review on the statement
Check that the gross amount matches the settlement, that the fee follows your representation agreement, and that each expense and each lien is listed. The amount at the bottom should match what you were told to expect, or you should be told why it differs.
Why it can take time
Timing varies from case to case. Common causes of delay are lien holders confirming final amounts, court schedules where approval is needed, and the paying party processing payment. Ask your attorney for a realistic timeline and what could change it.
Questions to ask your attorney
- Does a court need to approve this settlement?
- Which steps are still open, and who is responsible for each?
- When do you expect the funds to arrive in the trust account?
- When will I receive the disbursement statement, and when will I be paid after I sign it?