Visitor Question

Waiting for High/Low Medical Malpractice Settlement…

Submitted By: Anonymous (USA)

I went to trial in a medical malpractice case in New York. I agreed to a high/low settlement but have not received any monies in four months. When this happens how long does it typically take to receive your settlement from the insurance company?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

We presume if you went to trial in a medical malpractice case and entered into a structured settlement, or “High/Low” settlement, as it is sometimes referred, that you had employed the services of a qualified Personal Injury Attorney. Without knowing the discussions between and among the Attorneys involved it would be difficult to suggest a settlement time limit; even a general one.

We can tell you it is certainly not unreasonable for your settlement to have taken 4 months. In structured settlements there is a tremendous amount of work the Attorneys must do AFTER the trial. Because New York State has one of the busiest Court Calendars in the United States, you may have to wait another few months.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 9, 2011

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