QUESTION

How long does it take for settlement to be paid out and can it be paid in portions?

Asked on Jan 22nd, 2020 on Personal Injury - New York
More details to this question:
My case was settled in October of 2019 my lawyer said that I would be paid before the year ended it is now January 22 and now he claims it will be paid before the month is over however I am concerned with how truthful he is due to the fact a portion was paid out to my daughter but not everyone else on the case. Your assistance in the matter will be greatly appreciated
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1 ANSWER

Automobile Accidents Attorney serving New York, NY
4 Awards
Pursuant to CPLR § 5003-a, a defendant has twenty-one (21) days in which to make payment on a settlement from the date it receives the settlement papers.  Although everyone's case was presumably settled at the same time, the defendant may have received each plaintiff's settlement papers on different dates.  Also, some plaintiffs may have liens, e.g. Medicare, that need to be resolved before the proceeds can be released to the plaintiff.  Under such circumstances, the attorney would have to retain the settlement monies until the lien was resolved and/or finalized. Your best bet would be to call your attorney and find out the exact reason why you have not yet received your settlement proceeds.  If you can't get an acceptable answer over the phone, make an appointment to see him in person and explain the delay.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006
Answered on Jan 27th, 2020 at 3:49 PM

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