What You Should Know About Settlement Proceeds
You presented your Personal Injury matter to an attorney you retained, and they successfully obtained settlement monies on your behalf. That’s great!
What happens now?
At Radano Orecchia, LLC , our staff investigates your outstanding medical bills to give you one less thing to worry about, and we disburse payments for only the bills rightfully owed by you that haven’t been covered by your insurance (such as co-pays and deductibles). This process can take up to 6 weeks or more, depending on the complexities involved in your case.
In the meantime, your settlement proceeds are deposited into a Trust Account, which is a special type of bank account regulated by the government to ensure safe and appropriate handling of your money.
While we work to disburse your funds as quickly as possible, we thought we’d take time to answer some commonly asked questions we get during this time!
You Haven’t Received “Final Lien” from Medicare/Medicaid- Why Can’t I Have My Money?
We understand that it can be very frustrating to have the delayed disbursement of your settlement proceeds! If you have or had Medicare or Medicaid, we are required, by law, to assess if they paid for any of your injury-related treatment. Such payments are considered “lienable”, and are required to be paid back out of judgment or settlement. Final Liens can take a minimum of 30 days to be reported to your attorney.
Do I Have To Pay Taxes on My Settlement?
No. The State of New Jersey has declared that compensatory damages received concerning injury or illness are not taxable.
What Happens to My Settlement If I Owe Child Support?
The State of New Jersey has deemed that “Any money that the non-custodial parent may be entitled to as part of a court-awarded lawsuit or settlement may be applied to past-due child support payments.”
Click here to visit the New Jersey Child Support Website.
I Moved Away, and Can’t Come to the Firm To Pick Up My Check. What Happens Now?
If you moved away during your case, don't worry! At Radano Orecchia, LLC , your legal team with coordinate with you to deliver your settlement funds. While we are not able to provide direct deposit, we are happy to mail you your check.
The Case Was for my Child (under 18 y/o). Where Do The Settlement Proceeds Go?
If your child is under the age of 18 at the time of settlement there are a few different things that need to happen. The first is that your attorney would schedule a Friendly Hearing before a judge, who will memorialize the exact terms of the settlement. Then an account will be opened for the minor at your county Surrogate's Office. The money will be safely deposited in that account and may be retried by the minor when they turn 18 years old.
The Proceeds Awards are for A Deceased Party. What Happens Now?
Typically, settlement proceeds or court-awarded monies go to the person who is set to inherit. If the deceased party is married, the settlement funds will go to the surviving spouse. If there is no one in line to inherit on behalf of the deceased party, the money gets sent to The Office of the Public Guardian for appropriate security and handling.
We understand that you may have several questions about the details of your settlement, and we are here to help! Feel free to call us to get clarity on any and all aspects of your case with Radano Orecchia, LLC .
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