Understanding the Personal Injury Settlement Check Process in New York City: Insights from a Top New York City Personal Injury Lawyer

If you’ve been injured in an accident in New York City and reached a settlement agreement, you might be wondering when and how you’ll receive your compensation. The settlement check process involves several legal and financial steps, and delays can occur if not handled properly. At Greenstein & Pittari, LLP, our NYC personal injury attorneys work hard to ensure that you receive your settlement promptly and in full accordance with New York law.

Below is a detailed breakdown of the steps involved in receiving your personal injury settlement check in New York City:

Step 1: Reaching a Settlement & Signing the Release

Once both parties agree on a settlement amount, the defense attorney prepares a Release of Claims—a legal document stating that you give up the right to pursue further legal action related to the incident. Signing this release is final, so your NYC personal injury lawyer will carefully review all terms to:

• Confirm the settlement amount is accurate
• Address any confidentiality agreements or structured payments
• Ensure your legal rights are fully protected

Step 2: Insurance Company Issues the Check

After receiving the signed Release and all necessary documents, the insurance company is required to issue the settlement check—usually within three weeks. The check is typically made payable to both you and your attorney and sent directly to your law firm’s office.

Step 3: Check Deposited in Attorney Trust Account

Your attorney will deposit the check into a trust or escrow account, as required under New York State law. Banks usually require a few days for the check to clear before any funds can be distributed.

Step 4: Deductions from Your Settlement

Before you receive your portion of the settlement, certain standard deductions are taken out, including:

• Attorney’s Fees: Typically a contingency fee percentage of your total award
• Case Costs: Includes court filing fees, expert witnesses, and investigation costs
• Medical Liens: Payments owed to Medicare, Medicaid, private health insurers, or medical providers
• Unpaid Child Support: New York State may deduct past-due child support from your settlement

Your attorney will handle all payments and may negotiate lien reductions to maximize your final recovery.

Step 5: Final Disbursement – Receiving Your Net Settlement

After all liens, legal fees, and expenses are paid, your attorney will issue your final settlement check along with a full itemized breakdown of all deductions. Most clients receive their net compensation within 30 to 45 days of signing the release—although delays can occur.

Common Reasons for Settlement Delays

• Missing or incorrect documentation
• Disputes over lien amounts
• Insurance company delays
• Court approval requirements (especially in wrongful death or minor settlements)

Special Considerations and Exceptions

Certain types of personal injury cases in New York may require extra steps:

● Wrongful Death Claims

Settlements involving the death of a loved one require Surrogate’s Court approval before funds can be distributed to beneficiaries.

● Government or Municipal Claims

Lawsuits against the City of New York or public agencies can involve additional red tape and waiting periods.

● Structured Settlements

In some cases—especially those involving minors or lifelong medical needs—settlements may be paid in periodic installments rather than a lump sum.

Frequently Asked Questions (FAQs)

Can I receive the check directly from the insurance company?

No. In New York City, the settlement check is sent to your lawyer. Your attorney ensures that all legal and financial obligations are satisfied before releasing your funds.

Can the process be sped up?

Yes. Working with a proactive NYC personal injury law firm like Greenstein & Pittari, LLP helps avoid unnecessary delays. Our team ensures documents are filed promptly and liens are resolved quickly.

How much of the settlement will I actually receive?

While every case is different, most clients receive the majority of their settlement after standard legal deductions. Your attorney will always provide a detailed summary of all costs.

Call the Trusted NYC Injury Attorneys at Greenstein & Pittari, LLP

If you’re still waiting on your settlement or have questions about the process, don’t go it alone. The experienced New York City personal injury lawyers at Greenstein & Pittari, LLP are here to help. Our motto is: “Don’t Be a Victim Twice.”

Call 1-800-VICTIM2 (1-800-842-8462) today to schedule a free, confidential consultation.
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Serving Clients Throughout New York City and Beyond

We have seven convenient office locations to serve injury victims across the NYC area, including:

• Harlem
• Bronx
• Brooklyn
• Queens
• Staten Island
• Yonkers
• Nassau County

Your convenience—and your recovery—are our top priorities.

Greenstein & Pittari, LLP
Your Local NYC Personal Injury Law Firm
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