If you are pursuing a St. Cloud, MN, personal injury settlement, you might be wondering, “How long do lawsuits take to settle?” and “How long after settlement do I get my money?” The reality is that it is impossible to answer this question with any precision without knowing more about your claim.
Nevertheless, an understanding of the settlement process can help you make an educated guess on the timetable for the disbursement of your settlement funds.
How Long Do Lawsuits Take To Settle?
Some lawsuits take longer to settle than others. Lawsuits involving complex subject matter, such as product liability claims, can take months or even years to settle. Simpler claims, such as low-value car accident claims, might settle in a matter of weeks. Of course, the opposing party might utterly refuse to settle your claim. Such a claim might have to be resolved through trial.
Filing a Lawsuit While Still Hoping for Eventual Settlement
One commonly used strategy to convince a stubborn opposing party to settle is to file a lawsuit against them. This means:
- Filing a formal written complaint against them with the appropriate court;
- Paying the appropriate filing fee; and
- Arranging for a neutral third party to personally deliver a copy of your complaint and the court summons. This is known as the “service of process.”
Once you file a lawsuit, you will never have to worry about the statute of limitations deadline again. Filing a lawsuit also gives you access to the court-supervised pretrial discovery process. This process allows each side to cross-examine the other side’s witnesses, submit written questions that the other side must answer under oath, examine physical evidence, and copy relevant documents.
How Long After a Settlement Do I Get Paid?
As you might suspect, it could take some time, even after you reach a settlement, before you actually see money in your bank account. Here are the things that must happen before you get your money:
- You must sign a written settlement agreement. Preferably, your lawyer drafted this document. Drafting an acceptable agreement might take weeks. Do not use a template you find on the Internet.
- The defendant should then issue your lawyer a settlement check or deposit the money directly into their business account. If you are dealing with a large company, such as a major insurance company, there might be some bureaucratic delays.
- Your lawyer will deduct any appropriate expenses from the total. This will probably include (i) their own legal fees; (ii) any case expenses they loaned you, such as expert witness fees; and (iii) any other appropriate deductions, such as a medical lien.
- Your lawyer should send you the remainder of the settlement amount with all due haste. If they don’t, you can sue them in court and also file a misconduct complaint with the Minnesota State Bar Association.
Remember, the settlement agreement is a contract that you can enforce in court like any other contract. If either your lawyer or the opposing party refuses to pay you within a reasonable time, you can sue them for breach of contract. If you win and they still don’t pay you, you can seek court assistance to garnish their bank account.
A Personal Injury Attorney Can Probably Negotiate a Better Deal Than You Can
If you pursue a personal injury claim, the odds are that you will be negotiating against an insurance adjuster or a member of a corporate legal department. Both of these are probably professional negotiators—which means you need a professional negotiator on your side too.
A skilled personal injury lawyer is most certainly a professional negotiator. Let your lawyer do the negotiating for you while all you do is approve (or deny) the opposing party’s settlement offer.
Contact the Minnesota Personal Injury Law Firm of Hall Law Personal Injury Attorneys For Help Today
For more information, please contact an experienced personal injury lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
