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How Long After a Settlement Do I Get Paid?

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A settlement can end a personal injury case fairly quickly. In fact, in most personal injury settlements, the case is finalized within one to six weeks. However, the process is complex and relies heavily on various factors, such as the ones that follow.

It’s important to recognize the different types of lawsuit settlements. Personal injury cases occur after the victim is injured as a result of the careless actions of another person. A civil case is filed by the plaintiff in an effort to receive compensation for medical expenses from the offender’s insurer.

The severity of the victim’s injuries determines the amount of compensation awarded. Typically, lawsuit settlements can range from low to substantial. An average personal injury settlement ranges from $3,000 to $75,000 but depends largely on circumstances surrounding the individual case.

What are different types of personal injury cases?Personal-Injury-Law-Gavel-Stethoscope

A lawsuit settlement may involve vehicles. The verdict in car accidents depends on the type of car and the severity of damages sustained. The condition of the vehicle also influences the amount of compensation awarded. Damaged property is repaired using the money from the settlement.

Personal injuries may occur when individuals accidentally slip and fall on slick surfaces. Hazardous, wet floors are found in workplaces or general stores. Tripping over objects on the floor can also lead to a legal case in which the lawyer attempts to obtain funds to cover the plaintiff’s medical expenses.

A class action lawsuit settlement involves many people who have been harmed by the wrongful actions of a manufacturer, retailer, financial institution, or government entity. The plaintiff in such a class action lawsuit usually lacks the financial power to pursue legal actions individually.

What are the various types of settlements?

A personal injury case can fall into either of two categories: formal settlement or informal settlement. A judge decides whether or not the defendant is guilty during a formal settlement. Restitution is often a large sum in such cases, or the benefit may be worth more than a monetary award.

During an informal settlement, both parties negotiate and arrive at an agreement prior to the case going to trial. A written agreement in which both parties agree to not pursue further legal actions follows. The case is ultimately resolved with an agreed-upon monetary sum.

The type of settlement influences how soon a plaintiff will receive compensation. The entire settlement may be paid in one lump sum, which is known as a lump sum settlement. Most personal injury cases are settled via this basic form of settlement. All the money is paid without a wait.

Structured settlements, however, allow the defendant to compensate the plaintiff in a series of payments. The annuity plan may continue for years or even a lifetime. Inflation may increase each payment in structured settlements, or the payments may decrease as medical expenses lessen.

What additional factors influence the timing of payments?

Personal-Injury-LawAfter both parties sign the settlement agreement, the insurance company in a personal injury case will remit compensation. The legal documents must be filed appropriately in order to protect the plaintiff in the future. Only once the process is satisfactorily complete will the plaintiff be paid.

Once the lawyer receives the settlement check, it is temporarily placed into an escrow account or trust. The plaintiff’s attorney will pay any unpaid medical bills, health insurance fees related to the accident or auto debts using the settlement check received.

Then the court and legal fees must be paid. Court fees include the costs to file the settlement, to compel witness participation, for court appointed experts and for miscellaneous expenses, such as transcripts and document copying. Once all the aforementioned fees are paid, the plaintiff receives the rest.

Delays in the receipt of settlement compensation may also be due to the day of the week the payment is remitted. Weekends and holidays can delay payment, as funds are normally distributed on business days. Banks may also hold large sums for several days to ensure the deposit is lawful.

In most cases, compensation from settlements is received within six weeks after negotiations complete. Any extensive delays should be discussed with the personal injury attorney handling the case. The attorney should explain the reason for the delay and can help resolve any issues.

Work with a Personal Injury AttorneyBerry-K.-Tucker-Personal-Injury-Lawyer-Oak-Lawn-IL

The personal injury lawyer can also work to expedite the payment due. A partial settlement payment may be an option as the attorney negotiates existing liens. In such instances, the lawyer will retain a portion of the settlement proceeds during the course of negotiations.

Personal injury lawsuits are complicated processes. Without an experienced personal injury attorney to provide legal representation, a plaintiff is potentially subject to frustrating delays in receiving compensation, the forfeiture of critical rights and an undervaluation of the personal injury case.

When you are the victim of a personal injury, such as a slip and fall accident, nursing home abuse or birth injury, you deserve expert legal representation to ensure you receive fair compensation. The personal injury attorneys at Berry K. Tucker & Associates, Ltd. will help file your claim in a timely manner.

Our personal injury lawyers are knowledgeable in all facets of Illinois law. We’ve successfully won cases when clients were involved in bicycle accidents, car accidents and construction accidents. Our experience also ranges from medical malpractice to wrongful death and workers’ compensation.

The family law attorneys at Berry K. Tucker & Associates, Ltd. are also available when you fail to receive the alimony or child support to which you are entitled. Our divorce attorneys provide sound legal counsel and guidance in matters involving property division and prenuptial and postnuptial agreements.

Call for a Consultation

The highly competent attorneys at Berry K. Tucker & Associates, Ltd. provide comprehensive legal representation, whether you are injured and are burdened with expensive medical bills or are pursuing a difficult divorce. Our firm serves residents in Oak Lawn, Illinois.

Call our office at (708) 425-9530 for a consultation. 

Prevention of Pedestrian Accidents in California

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According to accident news in California reported on March 17th, 2019, a pedestrian was killed at the spot after begin hit by a vehicle near Beverly Hills. Another case involved two pedestrians struck in San Francisco, CA, one killed while others being dragged but survived. Every year, there are thousands of fatalities that occur in pedestrian accidents in the U.S.

Negligent-Drivers-Personal-Injury-Attorneys-Car-AccidentsAccording to a report published by Governors Highway Safety Association in 2018, 6,277 pedestrians died in the accident. Since 2008, pedestrian fatalities have increased by 41%, which is 16% of all fatalities that occur in traffic accidents.

With the number of cars on the roads increasing, it’s crucial for drivers and pedestrians to be mindful. As pedestrian accidents continue to rise each year, there are certain steps that must be taken to stop – or at least minimize – the traffic fatality rate.

It is important to understand the causes of these accidents and take safety measures to reduce them.

What Causes Fatal Accidents?

• Alcohol: Alcohol is the leading cause of pedestrian-related accidents. Almost 49% of the accidents reported included alcohol involvement, either with the driver or the pedestrian, as it remains the biggest contributor to pedestrian death.
• High Speed of the Vehicle: Increased speed of the vehicle results in less reaction time to prevent an accident when a pedestrian crosses the road.
• Distracted Driving: Using a cell phone is a growing contributor of distracted driving that leads to pedestrian accidents.

Prevention of Pedestrian Related Accidents

Once learning about the causes of these accidents, the next step is to know how to prevent them from happening. According to NHTSA, the following are certain safety guidelines for pedestrians when on the road:

  • Improve their nighttime visibility by holding a flashlight or wearing reflective clothing.
  • Cross the road at an intersection or crosswalk.
  • Walk on the sidewalk.
  • Don’t use alcohol and drugs when walking. They impair reaction time and coordination.

Safety Measures for Drivers

  • Always be mindful of pedestrians. They don’t often walk where they should or may not be easily seen in poor lighting conditions. Be sure to look out for them and drive slowly.
  • If other vehicles are stopped at the crosswalk, don’t pass these vehicles. Chances are higher that they may be stopped to let the pedestrian cross.
  • Avoid driving if you are under the influence of alcohol or drugs.
  • Reduce speed and follow the speed limit in areas where children and pedestrians are present.

While these accidents cannot be avoided completely, however, following safety measures ensure the safety of everyone on the road and reduce fatalities resulting from these accidents.

Identifying & Preventing Different Types Of Elderly Abuse

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According to statistics, the scourge of elder abuse affects 4% of the elder population every year, and is a rising trend. But less than 1 in 14 cases of elder abuse is reported to law enforcement.

What is Elder Abuse?Elder-Law-Oak-Lawn-IL

Any action that victimizes an elderly person to the benefit or gain of another person is defined as elder abuse. Elder abuse may manifest in a variety of ways from a financial or investment scam to physical abuse. It can either be deliberate or be caused by incompetence of a nursing home or elder care facility.

Any person acting as a caregiver for an elderly person should be on the lookout for possible elder abuse committed by family members or outsiders. Generally, people over 65 years of age are subject to physical or mental illness, social isolation, life transitions, and cultural bias, which makes it very easy to manipulate them.

The 5 most common types of abuse perpetrated on elder citizens are:

  • Physical abuse
  • Sexual abuse
  • Psychological abuse
  • Financial abuse
  • Neglect or abandonment

Both federal and state laws mandate that the types of professionals providing caregiving and healthcare services to elderly people to report any suspicion of possible elderly abuse to law enforcement. This includes physicians, visiting nurses, dentists, social workers, and peace officers to keep the identity of the person filing the suspicious elder abuse complaint confidential.

After reporting the abuse, be sure to speak with a professional personal injury attorney to ensure that the individual is compensated fairly for all abuse suffered.

A brief summary of the different types of elder abuse are provided below:

Physical AbusePrevent-Physical-Elder-Abuse

The use of physical force that results in bodily injury, physical pain or impairment can be described as physical abuse. This type of abuse can include striking, hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching and burning. Some telltale signs of elder physical abuse can be signs of bruising, burns, abrasions or fractures. Such improbable signs should always be questioned.

Sexual Abuse

Although it is sad and disturbing to think of yet elder sexual abuse does occur. Some telltale signs would include genital or anal infections, difficulty walking or sitting, or bilateral bruising of inner thighs.

Psychological Abuse

Subjecting an elderly person to psychological abuse is extremely cruel. If someone threatens an elder or speaks poorly of them it can be an indication of elder psychological abuse. But it is difficult to prove because the symptoms may have been caused by other physical, mental, or aging problems.

Financial AbuseElder-Financial-Abuse

The illegal or improper use of an elder’s assets is called financial abuse. All of the examples below include actions of elder financial abuse:

  • Cashing an elder’s social security or pension checks without permission
  • Taking money or property from them
  • Coercing or deceiving the elder into parting with property or signing documents
  • Diverting guardianship or conservatorship assets.

Financial abuse constitutes 12% of all abuse perpetrated against elderly citizens in the United States.


Neglect Or Abandonment

The failure of a person in charge of providing care to an elder to adequately perform their obligations is termed as neglect or abandonment. Acts such as failure to provide medicines, hygiene, food or personal safety fall under this category of abuse. Skin disorders, untreated medical problems, poor hygiene, bedsores, malnutrition, sunken cheeks or eyes, and lack of clean clothing are all symptoms of neglect.

If you feel that your parent or another elder citizen is a victim of some form of abuse, it is important to contact law enforcement and register a complaint of suspicion. It is also advisable to seek the services of a Fair Oaks elder law attorney to safeguard the rights of your parents or other elderly loved ones.

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