Legal Question in Product Liability in Illinois

Reciept of Settlement Money

How long can I expect it to take to recieve my check for my settlement? I signed the release over 2 months ago and was advised by the firms legal assistant that the trust issued the firm the check in ealry November but the firm is still holding it and has not issued the check

Asked on 11/27/08, 3:47 am

3 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Reciept of Settlement Money

Although it is unusual that it has taken this long for your settlement monies to be disbursed, there are numerous reasons why it is taking this long. You need to contact the attorney to get more clarification as to the reasons for the delay. There could be others who need to sign the release, there could be other claims which your attorney is still negotiating, there could be a court order that is waiting to be signed, among other reasons. Your attorney should be able to give you an adequate explanation.

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Answered on 12/03/08, 10:29 am
Nima Taradji Taradji Law Offices

Re: Reciept of Settlement Money

There are many reasons why a settlement check may not be distributed long after its issuance.One of them may have to do with lien holders who also need to endorse a draft but are not cooperating or are slow to cooperate or whatever...

You should call you attorney and ask him/her to explain to you the reason for the delay.

I hope this helps-


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Answered on 11/27/08, 6:04 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Reciept of Settlement Money

First of all, the firm must be sure that the settlement draft clears before any disbursement. Additionally,

the firm has to confirm lien holder's and the amount owed. It is possible, that the law firm is trying to negotiate a discount from the lien holders so that you get more money.

That is my common practice. I suggest that payment to you within 30 days of the checks receipt would not be terribly unusual, although a good practice is to disburse within ten days after a settlement check is received.

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Answered on 11/27/08, 9:45 am

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