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When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Discussions relating to Personal Injury Law

When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Postby adusa37 » Sun Oct 30, 2011 7:11 pm

The claimant or the law firm? My lawyer is try to screw me, and I'm trying to learn more to dispute the case effectively. It's causing me a lot of stress! Please help!
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When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Postby celeste » Sun Oct 30, 2011 7:20 pm

It can be made in wither your name or the law firm, unless you agreed in some paper work with the firm that it will be on their name. Generally it will be on the name of the law firm where they take a already decided (before the case between the firm and you) percentage and they deposit you the rest. If not in percentage, then do insist for it to be on your name. BTW, before the settlement you, your firm, the opponent's firm and the opponent will sign documents stating that its closed and no further trail will be undertaken and how much has been paid. If not decided before hand you are in a abd position.
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When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Postby wal49 » Sun Oct 30, 2011 7:28 pm

Unless stated otherwise at the time of the judgement the check goes to your lawyer's office but it may be made out to you or to both of you. The firm then takes out their percentage and expenses less any $$ you have advanced towards expenses and you get the rest. Even before the check is cut you should be asking for an itemized statement showing all the billable hours and all the expenses. If you have a beef with the attorney that is another matter.
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When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Postby caelin » Sun Oct 30, 2011 7:35 pm

It goes to your law firm. He puts it in a special account, he settles medical expenses, other expenses accrued, and his cut, then gives you what is left over.
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When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Postby slaine » Sun Oct 30, 2011 7:38 pm

There your legal representative and will take out their 10 % or what you agree upon.
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When a settlement is reached on a personal injury case, to whom is the settlement check made out?

Postby janyd » Sun Oct 30, 2011 7:39 pm

it's generally made out to both of you
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