In this article series, Oklahoma City injury attorney Travis Charles Smith explains the entire lawsuit settlement process in Oklahoma and all the nuances of obtaining a settlement, deducting expenses, and obtaining just compensation for your injuries or for wrongful acts of injustice.
We’ve spent the last several posts going over some of what the client can expect during the lawsuit and settlement process. We’ve explained how the case should be evaluated and how to set settlement targets and verdict goals. We are aware the legal matters can be financially draining on a client while they await their just compensation. And we’ve explained how attorney fees are calculated and how expenses are deducted.
In this last post (for now) on the topic, I wanted to address a simple, but common (and important) question about lawsuit settlements in Oklahoma.
How Long does it take to get the actual Settlement Check after the case settles in Oklahoma?
Not to be dismissed, this is an important question. Just because the parties reach an agreement to settle for a certain amount of money, when will that money get paid? That is a great question for any client to ask.
This can vary. It can be part of the agreement, where the parties agree. 10 days, 3 days, etc. But it can take a couple weeks. The reason being that during these negotiations, the lawyers are passing offers back and forth with their clients. On the Defense side, the lawyer usually is talking with an adjuster at the insurance company. After settlement is reached, that adjuster has to order the check, which comes from another department at the insurance company. After the check is printed, the insurance company sends it to the defense lawyer, who then sends it to Plaintiff’s lawyer.
Once we have the check, we then deposit it into our client trust account. After it clears, we will present a new check to the client for the client’s share of the settlement, less all amounts fro attorney’s fees, expenses, and medical liens. We always present our clients with an itemized settlement statement, explaining the breakdown. We keep any funds necessary to pay off the client’s liens in our Firm’s trust account, and write checks out of that special account to the lien holders or medical providers.
If you have any questions at all about your case or any type of lawsuit or legal issue in Oklahoma, please feel free to contact us by phone or email.