The length of time it takes to receive a settlement may depend on the case. In order to expedite the process, it could be beneficial to have all expenses or the litigation ready to submit a motion for court approval. In a case involving an injury claim where the person survives, it may take up to 21 days to receive the settlement check from the defense parties. If a child is injured, New York law may require court approval of the settlement, and that process involves an infant compromise hearing.
The infant, the infant’s guardian, and the attorneys may have to go to court and the court could customarily approve the settlement. The guardian then has the legal authority to sign a release agreement, releasing the claims against the defendants.