The settlement papers are signed. Your case is finally resolved. But instead of a check in your hand, you are staring at a mailbox, waiting. Many clients in South Carolina receive their settlement checks within 6 to 8 weeks after reaching a settlement. Several steps must happen between the executed agreement and the deposit, and each one adds time to the clock. A South Carolina personal injury attorney at Willcox, Buyck & Williams, PA can keep that timeline on track, resolve liens, and make sure you receive every dollar you are owed.
What Happens After You Sign the Settlement Agreement?
Both parties must sign the settlement agreement before a check can be issued. The settlement agreement lays out the payment terms, including the total settlement amount and any conditions. After the settlement agreement is signed, it is sent to the insurance company for processing. This stage generally takes two to three weeks as the insurer ensures all legal requirements are met.
The process from signed agreement to money in your account generally follows these steps:
- Release of claims.
You sign a release, which is a legal document that releases the defendant from further liability for negligence related to your accident and injuries.
- Insurance company processing.
Insurance companies typically process and issue checks within 30 days after the release, though no strict statutory deadline exists.
- Deposit into trust account.
Once processing is completed, the insurance company closes the claim and forwards the check to your attorney, where it is deposited into a special escrow account and held in trust until it clears.
- Lien resolution and disbursement.
Your attorney will deduct legal fees, case expenses, and any outstanding medical bills or liens related to your case before issuing you the final settlement check.
The total timeline from settlement agreement to receiving your money is typically 3 to 12 weeks, depending on lien complexity. Your attorney should provide a detailed accounting of every deduction before issuing a check for the net proceeds.
Why Is My Settlement Check Taking So Long?
Several factors can push that 6-to-8-week estimate further out. Understanding these potential delays can help you plan your finances and avoid unnecessary stress while you wait.
Outstanding Medical Liens
Hospitals, doctors, and medical providers who treated your injuries may have legal claims to settlement funds for unpaid bills, and your health insurance company may also seek reimbursement for medical expenses it covered.
If your Myrtle Beach or Florence personal injury case involves multiple medical providers, lien negotiations can take the longest. Private medical liens may require extensive negotiation, and cases involving numerous medical providers, health insurance companies, and government programs require individual negotiations with each lien holder, extending the timeline.
Government Program Reimbursements
Liens from Medicare, Medicaid, or the VA often require formal government approval before settlement funds can be released, adding several weeks to the payment timeline.
High-value or Complex Cases
When an insurance company issues a large check, it may take extra time to verify all the details and ensure that all the paperwork and documents are in order.
Paperwork Errors
Mistakes in legal documents can cause delays. Even small discrepancies in names, dates, or amounts can require corrections before the insurer will release funds.
Can I Track My Settlement Check in South Carolina?
One of the most common questions injury victims in Florence and Myrtle Beach ask is whether they can check the status of their payment. The short answer is yes. You can contact your attorney at any time to get an update.
Your attorney serves as the main point of contact between you and the insurance company throughout this process. They can confirm whether the insurer has mailed the check, whether it has been deposited and is clearing, and whether any liens still need resolution. Some law firms can distribute settlement funds via wire transfer or electronic payment once the check clears, which is faster than mailing a paper check. Ask your attorney about electronic disbursement options to speed up the final step.
South Carolina law requires insurers to handle claims promptly and in good faith. An insurer must adopt and implement reasonable standards for the prompt investigation and settlement of claims, promptly respond to an insured’s claim, and attempt in good faith to effect a prompt, fair, and equitable settlement. If an insurance company is dragging its feet after you have signed the release, your attorney can apply pressure and, if necessary, take legal action to enforce the settlement terms.
Why Rushing Your Settlement Can Cost You
It is natural to want your money as fast as possible, especially with medical bills piling up. But settling your South Carolina personal injury case too quickly can leave significant compensation on the table. It is generally advised not to settle a claim until you have reached maximum medical improvement (MMI), the point where your condition has stabilized, because settling before reaching MMI could mean forfeiting your right to additional compensation if unforeseen complications arise later.
South Carolina follows a modified comparative negligence rule that can affect your total recovery. Under South Carolina’s modified comparative negligence rule, victims can recover compensation if they are 50 percent or less at fault for the accident, but their recoverable compensation is reduced by a percentage equal to their degree of fault. Insurance adjusters may try to exploit this standard by shifting blame onto you, which makes it especially important to have experienced legal representation before accepting any offer.
You also need to be mindful of the filing deadline. Under South Carolina law (S.C. Code 15-3-530(5)), personal injury claims must generally be filed within three years from the date the injury occurred or the date it reasonably should have been discovered. While three years may sound like a long window, waiting too long weakens your evidence and gives insurers leverage to dispute your claim.
Talk to a South Carolina Personal Injury Attorney Today
Waiting for a settlement check should not mean waiting in the dark. The attorneys at Willcox, Buyck & Williams, PA have been serving South Carolina families from Florence and Myrtle Beach for over 125 years, and we work to move the disbursement process forward as efficiently as possible. If you have questions about your settlement timeline or need help pursuing the compensation you deserve, contact our office by phone or through our website to speak with an attorney.