Long Island Car Accident Settlement Timeline
In the state of New York and on Long Island, there is a law that says that once a case is settled, the defendant has 21 days from the date that the settlement papers are sent to receive the settlement. The exception is when there is a settlement with a municipality. For example, if a person settles a case with the county, with the city, or with the state or any of its subdivisions, they will then have 90 days from the date the person sent out their papers to receive their settlement.
To best understand the timeline an individual may face in their Long Island settlement process, they should be sure to contact an experienced lawyer as soon as possible. A seasoned Long Island car accident attorney can make sure the case is navigated smoothly and with the necessary legal nuances to help ensure a successful outcome.
Expediting the Process
An individual can expedite their Long Island car accident settlement time frame when both parties can agree that the settlement will occur earlier. Often, when a person is dealing with insurance companies and they have 21 days to pay, they pay earlier.
Insurance companies typically do not wait to pay on the 21st day or the 20th day, they will pay within a week. However, it is rare that a person gets something within a day or two.
Ensuring a Timely Settlement
When a case is settled, the client has to be ready and prepared to sign the papers. This is because as soon as the papers are signed, they are sent to be processed. It is then that the clock starts ticking for the 21 or 90-day timeframe.
Therefore, the client needs to get the papers signed at the earliest possible opportunity. That is simply the best thing that an individual can do to help ensure that their Long Island car accident settlement timeline moves smoothly and efficiently.
When a person is settling a case, a lot of the timeliness has to do with the personalities. Depending on whether an individual is dealing with a jury, an attorney, or an insurance adjuster, they must cater their claims and demands to best negotiate with the other party. It is a one-on-one settlement negotiation, and sometimes, personalities can affect the way a settlement is negotiated.
Often, insurance company adjusters and sometimes plaintiff’s attorneys are not overly familiar with the case that they are about to settle. This can be a big mistake, as they may not be prepared to ask for the right amount of money in terms of the settlement. As an example, if an insurance adjuster or attorney does not know the case well and thinks the client only had one surgery when in fact they had two, then both parties must go back and prepare an adjusted monetary settlement. Not being prepared can be a stumbling block in terms of the case.
Another issue that an attorney may encounter when negotiating a settlement is liens. Sometimes, a client has a medical lien, a public assistance lien, or a worker’s compensation lien which makes the settlement more difficult to obtain. This is because that lien has to be paid off and reduces the amount of money that the client is going to receive. Liens are always an issue when it comes to negotiating cases, and can seriously impact an individual’s Long Island car accident settlement timeline.
By: H. Chevy
Title: Above and beyond what I expected
My experience with Mr. Goldstein was exceptional. He went above and beyond for me and my family. He was there when we needed him helping every step of the way. Was not afraid to fight for what was right against a big company. Mr. Goldstein is a very knowledgeable and compassionate lawyer. Would not use anyone else.