Hi, my name is Matt Eason, and I’ve been practicing personal injury and wrongful death law here in Sacramento for over 25 years. In this video, I’m going to answer a common question and that is, “How long does it take to get paid after a wrongful death settlement?”
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The insurance code is clear that an insurance provider has to satisfy a wrongful death claim after it’s been settled immediately, no more than 30 days. California has regulations on fair settlement practices and how claims should be handled. The one specifically on point says that once the case has been settled, the insurance company shall fund that settlement immediately, no more than 30 days after the settlement.
While that’s the insurance company’s obligation, there are, unfortunately, some circumstances that can be delayed a bit, and you should be aware of that as well. For example, when a case is settled, and there are Medi-Cal/Medicare type liens or Veterans Association liens, some of those liens may take longer than 30 days to become finalized. As a result, settlement can be delayed during that period. Most of those are usually resolved before or within 60 days of the settlement.
Another challenge concerning the timing of the funds can have to do with who brought the action of the wrongful death. If the individuals got the action and the settlement breaks down how they will be paid out of that settlement, then it’s pretty straightforward. If, instead, the estate representative brought the action in a probate matter, then what happens, unfortunately, is the settlement proceeds go into the probate estate. Then, the probate estate has to be administered, and that could sometimes take months or, unfortunately, even years. The good news is that it probably happens in less than 10% of the wrongful death actions.
Most wrongful death funding happens almost immediately after there is a settlement. Usually, we see a check received by our office within a week and typically distributed within two or three days after that. If you’ve got questions about bringing a wrongful death action, I hope you’ll consider contacting me, Matt, Eason, or another wrongful death attorney Sacramento of my firm at Eason & Tambornini.
Hitting your head, arms, or legs on a hard surface after a truck accident can compress the nerves, resulting in significant pain and impaired physical mobility. Shooting pain in the arm from a truck accident may be indicative of nerve damage, specifically to the brachial plexus nerve (a network of nerves that travel down to the arms and hands). In some cases, people who have been involved in a truck accident may not even know that they’ve been hurt. Most of the time, painkillers and adrenaline from the accident masks the pain. Because nerve damage from a truck accident can be deceiving, it is of utmost importance to seek an early diagnosis and treatment in order to increase your chances of a full recovery and getting fair compensation for your accident-related injuries.
Arm numbness after a truck accident is usually caused by damage, irritation, or compression of the brachial plexus nerve in your arm and wrist. Your arm may feel numb because the blood circulation within the nerves is impaired. Since nerves relay messages back and forth from the brain to different body parts, nerve damage can significantly affect many of your brain’s crucial functions, including your mobility and sensation. If you suffered from arm numbness after a truck accident, consult immediately with your physician in order to achieve an accurate diagnosis and recover compensation for damages. Most importantly, seeking early diagnosis and treatment after a truck accident can help prevent permanent and disabling injuries.
When there is a long period of pressure applied on your arm, it can cause a sensation of pins and needles pricking at the skin, which is medically known as paresthesia. The tingling sensation is a common symptom experienced when you sleep on your arms or cross your legs for a long time. However, the tingling sensation can also be deceiving. In the case of truck accidents or traumatic injuries, the tingling sensation is actually indicative of nerve damage and impaired blood circulation. The tingling can be quite intense and bothersome and can even last for more extended periods, thereby affecting one’s quality of life. To prevent loss of arm function and sensation, seek professional help immediately after your truck accident.
Shooting pain in the arms from a truck accident can indicate a more serious medical condition known as whiplash. Whiplash is an injury to the neck’s soft tissues and commonly occurs in victims of rear-end truck\ accidents. This happens when the force of impact suddenly and rapidly propels your head forward while the seat belt catches your body. As a result, the muscles, tendons, and ligaments of your neck become sprained or torn. Aside from arm pain, you may also suffer from neck or upper back pain, headaches, vision problems, dizziness, and altered mental status. Depending on the severity of your injury, the whiplash’s symptoms may arrive days or weeks after your accident. Therefore, if you had a truck accident, consult with your physician immediately to come up with an accurate diagnosis that will help you obtain the maximum recovery.
