How Long Does it Take to Get a Personal Injury Settlement Check in Las Vegas?

After suffering an injury due to another party’s negligence, the best outcome is a fair settlement compensating them for their medical expenses, property damage, lost income and pain and suffering. Getting to a successful settlement can be a lengthy process, even with the help of an expert legal team. The injured party and their legal counsel must work together to build a case proving the other party was negligent, as well as accounting for all of the financial and non-economic damages (pain and suffering) the injury victim is entitled to. When all the necessary steps are taken and a settlement is reached, how long does it take to get the settlement check? 

What Exactly is a Legal Settlement? 

A settlement is a legal agreement between two parties made outside of a court trial where a judge and/or jury determines the amount of damages awarded. In a personal injury settlement, the plaintiff will make a claim for damages they incurred as a result of their injury that they are entitled to under Nevada law. Rather than argue the case in a lawsuit, the defendant will make an offer to “settle” the claim – commonly an insurance company whose legal team will consult with the plaintiff’s lawyer. The defendant will agree to pay all of the plaintiff’s claims, or some of them after negotiations between the legal teams. 

A legal settlement – also known as “settling out of court” – has a number of advantages. Settling out of court is far less costly than litigating the case in court, saving both parties court costs and legal fees. A settlement can be resolved much faster than a lawsuit, and is much less stressful for the plaintiff while they focus on recovering from their injuries. A lawyer in a personal injury claim is also likely to work on contingency, meaning their fee is paid as a portion of the settlement amount – unlike a lawsuit, which can involve retainers, regular fees and may not be decided in the plaintiff’s favor. 

What Will Affect When a Personal Injury Settlement Case is Resolved? 

Personal injury settlements can take far less time than a trial, but it doesn’t mean a resolution can be reached immediately. These variables in a settlement case will affect how quickly a case can be resolved and the plaintiff is paid:

• How severe are the plaintiff’s injuries? Since a plaintiff in a personal injury claim could be entitled to the total medical costs from their injury until they are fully recovered, they risk losing compensation for costs if they file a claim too early. If the injuries are severe, the recovery period could be lengthy and therefore so will the period before receiving the settlement. However, it is important to be aware of the Statute of Limitations laws in Nevada about claiming damages for personal injury. Under the law, a plaintiff has two years to file a claim from the date of the injury. However, there is a provision if the injury is not discovered until after the accident – in this case, the plaintiff has two years from the date of discovery. 
• How much of the claim does the defendant agree to? The defendant will likely not agree to all of the plaintiff’s claims, or offer a lower amount than what the plaintiff is entitled to. With the assistance of a lawyer, the plaintiff can counter the defendant’s offer or provide additional evidence to support the claim, but it will take time before agreement can be reached. 
• How long will it take to investigate the claim? The defendant will not pay a claim without supporting evidence, which takes time to put together. The plaintiff and their legal team will need to gather documentation such as police records, medical records and eyewitness reports,   establish fault and make a strong case that the injury was caused by the defendant’s negligence. 
• Does the defendant allege the plaintiff was partly negligent? In Nevada, the law of comparative negligence means in a liability case, more than one party can be found to be at fault, and the party found to be less at fault will have their settlement claim payment reduced. For example, in a car accident, Driver A collides with Driver B. Although Driver A turned left on a red light, Driver 

B was going 20 miles over the speed limit. In the settlement, Driver B is deemed to be 40% negligent, and their settlement payment is reduced accordingly. 

What is the Process for Receiving a Personal Injury Settlement Check in Las Vegas? 

Arriving at a settlement agreement is a big relief for a personal injury victim, but there are several stages to the process of receiving the funds. 

First, the plaintiff must release the defendant’s insurance company from future lawsuits or other legal action over the injury. By signing a legal release document, the insurance company can move forward with the payment of claims. When the release has been processed, a check can be issued and sent to the plaintiff’s attorney. 

Next the check will be deposited into the lawyer’s escrow account, and when it is cleared by the bank, the attorney will have access to the funds. However, the lawyer will have discussed with their client about the amount of funds the plaintiff will actually receive. Funds that may be deducted from the total include:

• Amounts owed for debts or liens. If the plaintiff has outstanding debts or liens that need to be paid as part of the settlement, the lawyer will disburse those funds to creditors. 
• The lawyer’s fee. Personal injury lawyers generally work on a contingency basis, which means their fee will be a percentage of the damages awarded by the insurance company. The percentage will be explained by the lawyer at the initial consultation. Working on a fee contingency ensures the lawyer will aim to get the most fair and comprehensive settlement for their client. 

Finally, the remaining settlement funds will be deposited into the plaintiff’s bank account.

Las Vegas, being a bustling city, sees a variety of personal injury claims ranging from car accidents to slip and falls. It’s essential to understand the different types of injury claims in Las Vegas to navigate the legal landscape effectively.

If you have been injured due to another party’s negligence, contact our team or call 702-680-1111 for a free consultation.