Legal Question in Personal Injury in California
settlement
after agreement to settle with opposing council, and papers have been signed, how long do the attorneys of the defendants have by law to send the settlement check to me?
3 Answers from Attorneys
Re: settlement
There is no specific time period proscribe. This detail should be negotiated as part of the settement agreement.
Re: settlement
Agreeement should set forth the timing of funds. If not, "reasonable time" would be considered proper by the court. If beyond "reasonable time", contact court to discuss enforcement of judgment.
Re: settlement
My colleagues missed an important point. Was the settlement directly with you or with your lawyer? If with your lawyer, she has to deposit the check into her trust account and disburse to you your share after negotiating and paying off all medical liens, if any. If directly to you, a reasonable time should suffice. I think beyond 60 days is unreasonable, but that's just my opinion. Good luck!
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