Home » How are personal injury settlements paid out?

Missouri Personal Injury Lawyers

Personal injury settlements are usually paid out in one of two ways: as a lump sum or through a structured settlement. If a Plaintiff elects to receive a lump sum then a check is written in the total amount of the settlement, usually made out to the Plaintiff and their attorney’s law firm. The attorney will deposit the check in his/her firm’s trust account after which attorney’s fees/expenses are deducted and a check written to the Plaintiff for the remainder. Another option for the Plaintiff is to receive a structured settlement. Under this option, an annuity is purchased, usually from a life insurance company, where the Plaintiff receives regular payments over time, or regular payments interspersed with lump sums at various intervals throughout the life of the annuity. There are generally numerous options to choose from in terms of payment schedules.
Deciding whether you need a personal injury lawyer depends on various aspects of your situation. However, in general it is always advisable to have an attorney who can guide you through the legal process.  Here are some key considerations to help you make this decision:
  1. Severity of Your Injuries: If you've suffered serious injuries that require medical treatment, hospitalization, or have led to long-term or permanent disability, a lawyer can help ensure you receive adequate compensation.
  2. Complexity of the Case: If your case involves complex legal issues, disputed liability, or multiple parties, a lawyer's expertise will be beneficial in navigating these complexities.
  3. Insurance Company Involvement: If you're facing an insurance company that is disputing your claim, offering an unfair settlement, or engaging in bad faith tactics, a lawyer can negotiate on your behalf and protect your interests.
  4. Medical Expenses and Lost Wages: If the incident has resulted in significant medical bills or lost income, a lawyer can help you recover these costs.
  5. Legal Knowledge and Experience: Personal injury law and the legal system can be complicated. An experienced lawyer can handle the legal aspects of your case, allowing you to focus on recovery.
  6. Statute of Limitations: There are deadlines for filing personal injury lawsuits, known as statutes of limitations. A lawyer can help ensure that your lawsuit is filed within these time limits.
  7. Peace of Mind: Even if your case seems straightforward, having a lawyer can provide peace of mind. They can offer guidance, answer your questions, and ensure that your rights are protected.
  8. Evaluating Settlement Offers: If you're unsure about the fairness of a settlement offer, a lawyer can help evaluate it and negotiate for a better one if necessary.
  9. No Recovery, No Fee: We work personal injury cases on a contingency fee basis, meaning we only get paid if you win your case.
  10. Damages: Calculating non-economic damages like pain and suffering or emotional distress can be challenging. A lawyer can help in accurately valuing these aspects.
If your situation involves any of these factors, it would be wise to at least consult with a personal injury lawyer. We offer free initial consultations, which can be a valuable opportunity to understand your legal options and the benefits of professional representation in your specific case.
In general it’s best to consult with a personal injury lawyer as soon as possible following an injury.  Personal injury laws are subject to statute of limitations deadlines so it’s best not to wait.  Also, it generally strengthens your case if your attorney can start investigating as soon as possible.  Memories tend to fade over time and physical evidence can be lost or destroyed.  The sooner an attorney can begin, the sooner this information can be preserved.
The duration of a personal injury lawsuit can vary greatly depending on several factors, making it difficult to predict the exact timeline for any given case. However, several key factors typically influence the length of these legal proceedings:
  1. Complexity of the Case: Simpler cases with clear liability and few disputed facts can be resolved relatively quickly, often in a matter of months. More complex cases, such as those involving severe injuries, disputed liability, or multiple parties, can take years to resolve.
  2. Severity of Injuries: The extent and nature of the injuries can impact the timeline. Lawyers often advise waiting until the plaintiff reaches "maximum medical improvement" (MMI) before settling, so the full extent and cost of the injuries are known.
  3. Willingness to Settle: If both parties are open to negotiation and can reach a settlement agreement, the process can be much shorter. Settlements can be reached at any stage, sometimes even before a lawsuit is formally filed.
  4. Legal Process and Procedures: The legal steps involved, such as investigation, filing motions, discovery, and potential trial preparation, all take time. Court schedules and backlogs can also extend the timeline.
  5. Appeals: If either party is dissatisfied with the trial outcome and decides to appeal, this can significantly lengthen the duration of the case.
  6. Jurisdiction and Venue: Different courts and jurisdictions have varying processes, workloads, and procedural requirements that can affect how long the case takes.
On average, a personal injury lawsuit might take anywhere from a few months to several years to resolve. It's important for plaintiffs to discuss the expected timeline with their attorney, who can provide a more tailored estimate based on the specifics of their case. Patience and ongoing communication with the legal counsel are key, as personal injury cases often involve complex legal and medical issues and can require extensive negotiation and preparation.
Finding a personal injury lawyer can involve several steps to ensure you choose a qualified attorney well-suited to your specific needs. Here's a guide to help you find a personal injury lawyer:
  1. Gather Referrals: Start by asking friends, family, or co-workers if they know any reputable personal injury lawyers. Personal recommendations can be very valuable.
  2. Local Bar Association: Check with your local or state bar association, which typically maintains a directory of attorneys.
  3. Online Directories and Legal Websites: Utilize online resources like legal directories, which list attorneys by location and specialty. Websites like Avvo, Martindale-Hubbell, and FindLaw can be useful.
  4. Lawyer Review Sites: Look at online reviews and ratings of lawyers. However, take these with a grain of caution, as online reviews can sometimes be misleading.
  5. Experience: Look for a lawyer who practices in personal injury law and has experience with cases similar to yours.
  6. Initial Consultation: Check to see if the personal injury attorney offers free consultations. Use this opportunity to discuss your case, understand the lawyer's approach, and gauge whether you feel comfortable working with them.
  7. Discuss Fees and Costs: Understand how the lawyer charges for their services. If you don’t want to incur potentially costly hourly fees, make sure the personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
  8. Check Credentials and Track Record: Research their professional background, credentials, and track record. This includes looking into their educational background, years of practice, and history of case outcomes.
  9. Assess Communication and Comfort Level: Ensure that the lawyer communicates clearly and is someone you feel comfortable working with. The lawyer-client relationship is crucial in personal injury cases.
Remember, choosing the right personal injury lawyer can significantly impact the outcome of your case, so take your time to research and select someone who is knowledgeable, experienced, reputable, and makes you feel comfortable and confident in their abilities.
A personal injury lawyer represents  individuals who have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Their primary role is to help their clients obtain compensation for their injuries and losses. Key activities of a personal injury lawyer include:
  1. Case Evaluation: They assess the details of the case to determine its merits and the appropriate legal strategy.
  2. Legal Advice: They provide guidance on the legal rights, options, and strategies available to their clients.
  3. Gathering Evidence: This includes collecting medical records, interviewing witnesses, and working with experts to establish the extent of the injury and how it occurred.
  4. Negotiating with Insurance Companies: They negotiate settlements with insurance companies to ensure fair compensation for their clients without the need for a trial.
  5. Representation in Court: If a settlement cannot be reached, they represent their client in court, presenting the case to a judge or jury.
  6. Legal Paperwork and Documentation: They handle all legal paperwork, filings, and documentation necessary for the case.
  7. Client Communication: Keeping the client informed about the progress of the case and advising them through every step of the legal process.
  8. Damage Evaluation: They help in quantifying the damages in terms of medical expenses, lost wages, and non-economic damages like pain and suffering.
The ultimate goal of a personal injury lawyer is to help their clients receive the compensation and justice they deserve for their losses and suffering.
A personal injury refers to any harm caused to a person's body, mind, or emotions, as opposed to damage to property or reputation. This type of injury can be the result of various incidents, including accidents, negligence, or intentional acts. Common examples of personal injury cases include car accidents, slip and fall incidents, medical malpractice, and injuries caused by dangerous products. The law surrounding personal injury typically deals with determining who is at fault and assessing compensation for the injured person's losses, such as medical expenses, lost wages, and pain and suffering.
Call