I am taking the time to explain this issue because there can be a lot of confusion surrounding this point. So, will you get your settlement check the same day as the case settles? The short answer to the question is that in general you will not get your check the same day, or maybe even the same week for that matter. As you will learn in the paragraphs below, things will happen behind the scenes to make your case wrap up, complete.
Remember, the information contained in this article, and supporting video is general in nature and if you have specific questions relating to your case, you should get those questions answered by your attorney.
HOW CAN A BIRTH INJURY OR MEDICAL MALPRACTICE CASE SETTLE?
Before explaining the answer to the question regarding the same day settlement check, it is a good idea to walk through how a case can settle. Many cases that do settle, settle in mediation. Mediation can work different in different jurisdictions. With that said, the goal of mediation is to attempt to settle a case. During mediation all the parties are usually represented.
In some meditations, the parties will all meet in separate rooms and the mediator will go from side to side, working to resolve the case. Some jurisdictions require that both sides come up with a mediation statement. This statement gives a quick background as to the facts of the case, and the critical issues presented.
The mediator will use the information gathered in mediation statements, and the mediation, to create areas of agreement hopefully between the parties. If the sides can come to an agreement as to the value of the case, the mediation will be concluded, and the terms of any agreement entered into will be memorialized. As a side note, if the cases cannot be resolved during mediation, then it will continue to move down the trial docket.
SETTLEMENT CHECK THE SAME DAY AS THE CASE SETTLES?
I mentioned that in general you will not receive the settlement check the same day as the case settles. This can be due to several reasons, with one of them being that a release will have to be drawn up outlining the terms of the settlement. Once the defense has drawn up the release, then the plaintiff and their attorney will have an opportunity to review the release. This can take a little time to make sure that everything is in order. In addition, if there are multiple defendants in the case, this can add a little time on the completion of the case too.
For example, each defendant may agree to pay separate amounts, which total the final agreed upon settlement. There is no way to know what the internal issues, if any, will be in play for each separate defendant. Again, these are all things which may add a little time to you getting your settlement check right away. These are not all the issues which can be present, as the purpose is to help you understand what can happen sometimes, at least in Maryland.
A FINAL THOUGHT…
One final thought on this is that you need to remember that patience is the better way to go at the end of these cases. You want to make sure that you tie up all the loose ends upon completion of your case. Rushing and thinking that the defense is essentially going to write you a check the day of, or the next day is wishful thinking. Understanding the release and accounting issues should help you get a better feel for this process.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP