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Recent Indiana headlines underscore how substantial settlements can be, and how important timing is when you finally get paid after your claim resolves. For example, in a major case out of northern Indiana, a man wrongfully convicted reached an $11.7 million settlement with the city of Elkhart, Indiana, and former officers.
While this is an extraordinary figure, it serves as a reminder that even when liability is clear and a settlement is reached, getting the money into your hands still requires navigating specific steps.
Are you planning on working with an Indianapolis personal injury lawyer? If so, one of the first questions you should ask is: Once my attorney and the insurance company or at-fault party reach a settlement, how long will it take for me to get paid?
Why the “When Do I Get Paid?” Question Matters
It’s not enough to negotiate a substantial settlement; you also need to receive your funds in a timely fashion so you can pay your medical bills, replace lost income, and move forward. How quickly you get paid after your attorney receives a settlement depends on several procedural steps.
According to one Indiana guide, the path your money takes depends on whether counsel represented you, whether liens (such as from Medicaid/Medicare or from past medical providers) exist, and whether the settlement is a lump-sum or a structured payout.
As you work with a personal injury attorney in Indianapolis, understanding these steps will help you track progress and avoid unexpected delays.
The Typical Timeline: From Agreement to Payment
Below is a breakdown of the typical process and timing for getting paid after a settlement in Indiana, with notes on where delays often occur.
Step 1: Settlement Agreement Is Reached
Your attorney and the insurance company (or defendant) negotiate and agree on a dollar amount. Once both sides sign the release documents, the insurer issues a check. Indiana law expects insurers to make “prompt, fair, and equitable settlements” once liability is reasonably straightforward.
Step 2: Lawyer Receives Settlement Funds or Check
The insurer sends the check (or sometimes a wire/ACH) to the law firm’s trust account or the defendant’s counsel, depending on the case.
Step 3: Liens, Subrogation, and Costs Are Resolved
Before you receive your portion, your attorney often has to clear up any outstanding bills (medical liens, hospital or provider bills), pay any negotiated attorney’s fees (usually 33–40% depending on the case), plus costs incurred (expert fees, court costs). The law firm issues you a check only after all these are settled. This step can be the major source of delay.
Step 4: You Receive Your Check or Electronic Payment
Once all the above is cleared, your law firm will send you your portion of the settlement. If it’s a lump sum, you get it in one go. If it’s a structured settlement, you may receive periodic payments over time (or you may sell some of the payments for a lump sum).
Estimated Timing: In many straightforward Indiana car-accident or slip-and-fall cases, once the release is signed, you may see your funds in a few days to a few weeks. But if there are complicating factors, such as large medical liens, minors, multiple parties, structured settlements, or government-entity defendants, the process may take several weeks to a few months.
If your case is resolved and you’re wondering when you’ll get paid, reach out to your Indianapolis personal injury lawyer and ask specifically: “Has the check been issued? Are liens cleared? When will my payment arrive?”
What Can Cause Delays, And How You Can Help Prevent Them
Being proactive can shorten the wait. Here are some of the common causes of delay when receiving a settlement, and how you and your Indianapolis injury attorney can address them:
- Outstanding Medical Liens or Subrogation Claims: Medical providers might have a lien on your settlement. Until those are negotiated and paid, you won’t get your full share. Ask your attorney about the status of lien resolution.
- Release Documents Not Fully Signed or Complete: If you fail to sign necessary releases, insurers may delay issuing the check. Ensure you review and sign promptly.
- Structured Settlement Terms: If the settlement is structured, there may be conversion or trust-fund setup steps that take time.
- Minors or Incapacitated Claimants: If you’re a minor or someone without full capacity, Indiana courts may require a guardian ad litem and court approval, adding weeks to months.
- Large or Complex Claims: High-value cases often attract more scrutiny from insurers and multiple parties, and may require court approval, adding time.
- Attorney Delays in Disbursement: After the law firm receives funds, internal review, fee/cost payment, and issuance of checks still require processing. Ask your attorney for an expected timeline.
When you sign your settlement agreement, ask your personal injury attorney in Indianapolis for a written timeline or milestone list: “When will the insurer issue payment? When will I receive funds? What needs to happen before I get paid?”
Realistic Examples and What They Reveal
While specific payout timing figures are rarely publicized, legal commentary and Indiana-specific practice reveal patterns. A recent Indiana FAQ explains that after the insurer issues a payment, the timing varies depending on “who is named on the check, outstanding liens or subrogation claims, whether a lawyer represents you… and whether you are a minor or legally incapacitated.”
In another Indiana practice guide, once a settlement is finalized, the law firm issues the check “for the remaining balance in the trust account to the plaintiff who requested compensation.”
These show that while your attorney may “receive” the settlement quickly after the release is signed, your personal receipt may lag by days or weeks, and sometimes longer for complex claims.
So, How Long Should You Expect?
If you’re working with an experienced Indianapolis personal injury lawyer and your case is straightforward (signed release, no minors, no significant or complex liens), you should reasonably expect to receive your payment within 2 to 4 weeks of the settlement agreement.
If your case involves bigger factors (multiple claimants, government defendant, minors, structured settlement), plan for 4 to 12 weeks or more. If you haven’t received payment after 3 months, you should follow up with your attorney for an update.
Understanding Your Rights and Options
Getting a settlement is a significant milestone, but the most crucial part for you is receiving the funds to cover your expenses, support your recovery, and move ahead. With the proper guidance from an Indianapolis personal injury lawyer, you’ll know not just what you settled for, but when you should reasonably expect your check.
Key Takeaways:
- Ask your attorney: Has the insurer issued payment? Have all liens and approvals been cleared? When will your payment arrive?
- Don’t assume you’ll get paid the moment the release is signed—there are post-settlement steps.
- Stay in regular contact with your lawyer for updates on the trust account, disbursement schedule, and your anticipated payment date.
- If you feel the delay is unreasonable (for example, after 3–4 months in a standard case), raise the issue with your attorney and ask for a written status update.
If you’ve reached a settlement or are nearing one and you’re asking, “When will I get paid?” reach out today for a free consultation. Let’s make sure you know the timeline, the steps, and your rights, so you’re not only getting a fair settlement but also getting it promptly.