Legal Question in Personal Injury in Florida

injury settlement check

my lawyer said come in and sign the check he will deposit the check and when it clear he will write me a check that doesn't sound right to me when i deposit the check in my account it will take 7-10 business days is my lawyer correct or do i have options


Asked on 7/30/07, 11:02 am

2 Answers from Attorneys

Elizabeth Herd Morgenstern & Herd, P.A.

Re: injury settlement check

It sounds perfectly right. All settlement funds are first properly deposited by an attorney into a trust account. The attorney needs to be certain that your settlement funds have cleared to make certain that he is not disbursing someone else's settlement to you.

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Answered on 7/30/07, 11:20 am
Scott R. Jay Law Offices of Scott R. Jay

Re: injury settlement check

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This seems entirely correct. When an attorney receives settlement proceeds, the check is made payable to the client and the attorney. Both parties have to sign the back of the check and it gets deposited for clearance in the attorney's trust account. When the attorney receives clear funds, the monies can then be disbursed to each party according to the agreement between the client and the attorney.

Scott R. Jay, Esq.

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Answered on 7/30/07, 11:25 am


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