Request a Free Call Back

How Are Personal Injury Settlements Paid Out?

Free Case Review
Request a no obligation
Free case review


    You may be eager to know how much money you will get after reaching a settlement for your personal injury case. It becomes more and more pressing to finally get the monetary compensation you won as medical bills pile up and you keep missing paychecks because your injuries prevent you from going back to work. Although the more tedious and challenging part of the process is over, there are still some steps you’ll need to take in order to finally have the money in your pocket.

    There are several factors that play a role in how much money you will get in the end, from negotiations with medical providers and insurance companies to the contingency fees your lawyer is entitled to after winning your case. In this sense, you need to take into account that you will have to deduct a portion of the total settlement sum.

    Settlement Negotiations

    There will be an investigation before reaching a settlement. If it is proven that you were partly at fault in the accident, there is a percentage that will be deducted once a final settlement is reached. This is known in Texas as the law of proportionate responsibility, a modification of what is generally referred to as comparative negligence. This means that if it is proven that you were somewhat responsible for the accident, the percentage of fault will be assessed and deducted from the amount of money you receive at the end of the process. 

    It is worth noting that if the jury determines that you, as the plaintiff, were more than 50% at fault, you will not be entitled to any money from the defendant. At this stage of the process, it will be critical that you have the advocacy of a personal injury attorney so that you are not blamed for your own injuries.

    Medical Bills

    Normally, your health insurance should cover your medical bills. However, you will need to pay off some medical bills in the event that there are expenses that your insurance does not cover or a lien (a legal claim against the assets of someone to pay a debt) has been filed. The hospital where you received treatment or your health insurance may file a lien that would entitle them to a portion of the settlement to pay any debts you may owe them.

    You may encounter different scenarios like having to use a share of the settlement money to pay the hospital the margin that your insurer did not cover or having to reimburse your insurer for the bills they paid. These are some of the situations in which the experience and skills of your lawyer will be extremely important as they will be able to negotiate these claims on your behalf.

    Case Costs

    There are some costs associated with the investigation and defense of the case that are initially covered by your attorney but must be paid once the case is settled. These costs will depend on whether the case went to court or not, and they will be much lower if the case is settled out of court. This would include investigation and prosecution expenses such as the cost of medical records, expert witnesses, court filing fees, deposition fees, and others.

    Contingency Fees

    Most personal injury lawyers work on a contingency fee, meaning they only get paid if they win the case. This percentage is defined at the start of the process so you will know beforehand the sum your attorney gets once you reach a settlement. Normally, the contingency fee is around 33% of the money you recover, although it can amount to 40% if the case goes to court.

    These are the general costs you must discount from the total settlement amount. There can be additional costs like mechanical or employer liens so be sure to include all expenses that resulted from the event in which you were injured. Also, although personal injury settlements aren’t subject to taxes, keep in mind that punitive damages can be taxed.

    How Is a Settlement Paid Out?

    There are two ways in which you can receive your money. You can choose between a lump sum or a structured settlement. The first option means you get all your money in a single payment. The latter indicates you get paid in multiple scheduled payments. This can be useful if you want to make sure you don’t spend all your money at once, or if you plan to cover missing paychecks month to month.

    Can I ​​Reopen a Claim Once It Has Been Settled?

    You cannot reopen your claim once your case is over. This is why it is crucial for the damages you suffered to be thoroughly assessed. You should be aware that you may have flare-ups or new medical problems that arise later as a result of the injuries you sustained. Together with your attorney, make sure that the money recovered in the settlement covers all of the expenses you have incurred as a result of the accident and all of the damages you suffered.

    Having to go through a personal injury process is exhausting and distressing. As you deal with the pain and expenses resulting from the event, you must fight to receive fair compensation that will not only help you pay the medical bills but will actually cover the totality of the damages you suffered, including your pain and suffering. You need someone with experience who is able to fully assess the damages for which you should be compensated and who has the appropriate skills to negotiate outstanding payments with hospitals and insurance companies.

    At AMS, we have lawyers who are highly prepared to get you justice. We will take the stress off your shoulders and secure the highest compensation to which you are entitled. Every personal injury case is different, so we offer personalized attention in English, Spanish and Arabic. Contact us for free; we are available 24/7. Having legal assistance from the beginning of your case will ensure a fair and satisfying final settlement.

    I really appreciate AMS Law group, particularly DIANA, for legal issues. She is very best team member in the AMS Law group and she has lot of patience to give answers for all questions. All issues are resolved. I will recommend this group for legal issues.
    I want to extend my greatest appreciation to AMS Law Group, as well as recommend anyone seeking legal assistance to contact AMS for their services! I felt I had true advocates that invested in my case to help reach the fair conclusion I was seeking. I am beyond thankful because 10 years of stress weighing on my shoulders was resolved in a matter of months to the benefit of my kids and I. AMS is a team of professional, knowledgeable and experienced attorneys that you want on your side!
    Hazim and the team at AMS law group are the best in the business! They guided me through a difficult situation while giving me peace of mind. Look no further if you are needing personal injury lawyers! My family and I can't thank you enough!
    I would like to say that the AMS group one of the best office ever to solve lots of cases.I dealt with that office my self and they were able solve a fix my case easily.I would like to thank mister Fady for everything.thank you very much for everything.
    Amazing staff. They fight hard for you. After one call, Mr. SAM and his team immediately started working on my case. Always available if you have any questions. he explain every step and he’s there for you throughout the whole process. I would recommend him to anyone. And by the way just call him Mr. the man with the plan.