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How Your Personal Injury Settlement is Paid Out

Seth Harris

Last modified on December 19, 2022

Personal Injury Settlements Are Paid OutCompensation in personal injury cases depends on a lot of factors. These include the injuries sustained and how the injured person responds to their treatment. It may take a while for the details of a patient’s recovery to become known. Some injuries take a while to present. Yet questions about how much a case is worth and how the money will be paid out are usually the first we get from potential clients. So, in the following post, we explain how personal injury settlements are paid out.

Two Types of Personal Injury Settlement Payouts

The amount of money you receive will depend on the nature of your injuries, the costs of your medical treatment, and their effect on your ability to work. Your attorney will negotiate with the insurance company to secure the maximum amount of money available in your case. After your lawyer and the at-fault party’s insurance company have reached an agreement, you will know how much to expect in the payout.

As you and your lawyer finalize the settlement, you will also agree on what form the settlement will take. Payouts for personal injury claims generally come in two types: a single lump sum payment or a series of structured payments over time.

While lump-sum payments are more common, some negotiations will result in a series of structured payments you will receive over months or years. This form of agreement tends to apply to situations where you require long-term medical care due to debilitating injuries.

In some cases, you may have the option to choose between these two forms of payout. If so, you can ask your attorney which option best suits your situation.

Lump-Sum Payments: Pros and Cons

A single payment for your injury claim offers a few advantages over a structured settlement. These include:

  • Immediate access to all your funds
  • The ability to spend or invest your money as you please
  • The possibility of paying for unexpected expenses that may emerge

However, receiving your entire payout all at once comes with some potential disadvantages, such as:

  • The possibility of losing much of your money through unfortunate investments
  • The pressure to give your money away to those around you

Structured Settlements: Pros and Cons

Structured settlements have advantages and disadvantages as well.

The pros of receiving a series of structured payments over time include:

  • The sense of stability that comes with knowing that you will receive a certain amount of money at regular intervals
  • The knowledge that you can continue to cover your expenses as time goes on
  • Less pressure to give money away

The cons of structured settlements include:

  • The inability to deal with sudden large expenses
  • Limitations on how much of your money you can invest at once

Receiving Your Funds

Personal Injury SettlementAfter your attorney and the insurance company agree on the terms of your settlement, the insurer will make out a check to your lawyer. Many personal injury attorneys, including the attorneys of [firm-name], work on a contingency basis, meaning that your lawyer only takes a fee for their services after they have secured financial compensation for you.

However, before they take their fee, they may attempt to negotiate lower amounts for any medical or other debts you have incurred due to the accident. Then, after deducting their legal fees and costs, your lawyer will make a check to you for the remaining money from the payout.

Contact Us About Your Personal Injury Case

If you were injured in an accident in New York, speak to an experienced personal injury attorney as soon as possible. The skilled and knowledgeable lawyers at [firm-name] are proud to fight for the best interests of injured New Yorkers. We are committed to making the claims process as swift and effective as possible. Our legal team will work to recover the full and fair compensation you deserve while you focus on recovering your physical health.

The attorneys at [firm-name] look forward to offering you the excellent legal counsel you deserve. Call us today at 800-PAIN-LAW or contact us online for a free consultation to learn more about your legal options.

Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

VERDICT

$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

What Our Clients Say About Us

Arianna LewisArianna Lewis
21:47 07 Oct 24
Jason EstradaJason Estrada
13:56 04 Oct 24
Thank you Jennifer for the best treatment that you gave me as a professional and I will recommend the lawyers to the entire world, thank you a million.
Lawrence TylerLawrence Tyler
18:54 17 Sep 24
Thank you to Thierry and Blake for this awesome settlement!!
Diane IversonDiane Iverson
14:28 13 Sep 24
I received excellent service with my case. Christine was a big help in sharing the information that was needed to receive a motive outcome. Great job!
CBUMGMT IncCBUMGMT Inc
13:33 29 Aug 24
Dear Alison, Toni, and Team,Thank you so much for recovering my injury case from 9 years ago that was dead in the water since the company went bankrupt and there was nothing else to do. Miraculously, you resurrected my case and was able to get a settlement which completed for me the horrific accident and the suffering I endured because of it. HK&G makes miracles happen by getting the job done and seeing that justice is served. Thank you so much.Susan C.
Sharon ThorpeSharon Thorpe
15:12 15 Aug 24
I went to Harris Keenan &Goldfarb on 2020 for a slip and fall. This firm was very concerned about my needs. Took my case and awarded me more money than I expected. I love Criistina she went out her way for me so many times.. Beautiful paralegal. Also Mr. Edward, I will forever thank him for his services, keeping me updated on my case. I give this law firm 5 stars.
arien machicotearien machicote
20:55 17 Jul 24
I must say I am extremely happy and amazed at the incredible work at Harris, Keenan & Goldfarb they were always available if I had any questions and they were always answered very professionallyJason Steinberg is a great lawyer Donna and Terry were always very professional and kind I will always highly suggest this law firm and team to anyone out their. Thank you again to everyone at this incredible Firm!!!
Cole ColdwaterCole Coldwater
19:36 20 Jun 24
My experience with Harris Keenan and Goldfarb was wonderful. My legal representative, Steven LaRocca with Samantha Walton always made me feel well defended and cared for, in a way that went beyond professional representation and into the realm of caring about me on a personal level. Steven, Samantha and Seth Harris got me a great outcome and I can’t thank them enough!
Jennifer RosarioJennifer Rosario
14:16 05 Jun 24
The best law firm I have ever went with thank you so much
david Santiagodavid Santiago
18:05 21 Mar 24
Maria RoqueMaria Roque
20:49 15 Mar 24
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
S SS S
14:09 02 Mar 24
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Robert LennonRobert Lennon
15:26 21 Feb 24
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
17:52 08 Jan 24
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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Frequently Asked Questions

Common questions that prospective clients have about personal injury claims include:

  • Do I need an attorney?

    When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.

  • How do I know I have a case?

  • When should I contact an attorney?

  • How do I determine which one to choose?

  • Once I hire an attorney, what should I expect?

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