The short answer: Expect to wait 1 to 6 weeks for the actual check, although the entire case can take months to over a year, depending on injury severity, liability disputes, and lien resolution.
The legal reality: While we move fast to ensure you receive your check as soon as possible, we don’t control the mail or the banks. However, Benson & Bingham Accident Injury Law typically beats the industry average because we eliminate the administrative “middleman” delays that slow down settlement mills.
The Settlement Timeline: A Realistic Breakdown
Many firms offer vague estimates. We prefer transparency. Below is the typical lifecycle of a settlement check in Nevada, from the moment you sign the paperwork to the moment you are paid.
| Phase | Action Item | Estimated Time | Governing Law/Rule |
|---|---|---|---|
| 1. The Release | You sign the “Release of Claims” | Day 1 | Contract Law |
| 2. Processing | Insurer issues the check | 7–14 Days | NRS 686A.310 |
| 3. Clearance | Check clears the IOLTA Trust Account | 3–7 Business Days | Nevada Rules of Professional Conduct 1.15 |
| 4. Lien Resolution | Attorney pays medical providers | 1–30 Days* | NRS 108.585 |
| 5. Distribution | You receive your final check | Total: ~30–45 Days (on average) |
Note: Cases involving Medicare, Medicaid, or disputed hospital liens often require additional time for federal clearance. Additionally, the case can take longer depending on other factors like injury severity.
Step 1: The “Un-Signable” Contract
Before anyone writes a check, you have to sign the Release of Claims. This isn’t just a receipt; it’s a binding contract where you agree to drop the lawsuit forever in exchange for payment.
The Benson & Bingham Difference:
At many firms, this document sits in a “processing queue” for days waiting for a case manager to look at it. Because we offer Direct Attorney Access, your partner attorney reviews and approves the release immediately.
- Speed Tip: We have 5 locations across Nevada (Summerlin, Las Vegas, Henderson, Reno, Carson City). Clients who sign in-person rather than waiting for mail can shave 3–5 days off the process.
Step 2: The Insurance Company (and the Law)
Once the insurer gets your signature, they can’t just sit on the money. Nevada law is actually very strict about this.
Nevada Law Demands Prompt Payment
Under the Nevada Unfair Claims Settlement Practices Act (NRS 686A.310), insurance companies must adopt reasonable standards for the “prompt investigation and processing of claims.”
- The Consequence: If an insurer drags their feet unreasonably (usually defined as taking more than 30 days post-settlement), they open themselves up to “bad faith” damages.
- Our Strategy: We track these dates. If a carrier like State Farm or Geico misses a deadline, we don’t just wait. We contact them immediately and cite the statute.
Step 3: The “Trust Account” Maze
This is the part that frustrates clients the most: The check is not made out to you. It is written as “Benson & Bingham Trust Account.”
This isn’t our choice—it is a strict requirement of the State Bar of Nevada. Attorneys are prohibited from mixing client funds with their own money.
- The Deposit: We deposit the insurance check into an Interest on Lawyer Trust Account (IOLTA).
- The Bank Hold: We legally cannot write your check until the insurance funds have fully cleared. Because settlement checks are often large, Nevada banks typically place a 3 to 7-day fraud hold on them.
- The Transfer: We monitor the bank account daily. The moment the funds are verified, we cut your check.
Step 4: The Lien Negotiation (The Hidden Step)
Before you get paid, we have to pay the people who treated you. This includes hospitals, chiropractors, and sometimes your own health insurance (a process called Subrogation).
We Don’t Just Pay the Bill—We Fight It.
Under NRS 108.585, hospitals can place a lien on your settlement. Instead of just paying the full amount, we spend this time negotiating with providers to reduce the balance.
Why wait? If we spend an extra week negotiating and get a hospital to accept $5,000 instead of $10,000, that is an extra $5,000 in your pocket.
A Warning About Medicare
If your bills were paid by Medicare or Medicaid, the timeline changes. We legally cannot release funds until we receive a “Final Demand Letter” from the government.
- The Delay: This federal process can take 45–60 days.
- The Resource: You can read more about the Medicare Secondary Payer process at CMS.gov.
Why Our Clients Often Get Paid Faster
- No Middlemen: As client John Perez noted: “A lot of law firms will allow their associates to open the majority of cases, but for us, they were all taken care of by Mr. Benson himself.” (Read review)
- Local Logistics: We use couriers and wire transfers to bypass mail delays whenever possible.
Real stories from our clients:
“Benson & Bingham were so thorough and got my hospital bills down to basically nothing!”
— Hope Esperanza Say-Maya, Verified Client | [Read review]
“Excellent service, I had an accident in October and in January they already had my check.”
— Yanis Edis Henrriquez, Verified Client | [Read review]
Ready to Move Your Case Forward?
If you feel your current attorney is stalling, or if you need a firm that prioritizes both speed and maximum value, contact us today.
