After a settlement in a fall down case, is there a time limit for expecting the payment?

UPDATED: Sep 29, 2022

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After a settlement in a fall down case, is there a time limit for expecting the payment?

My wife settled her cast almost 3 months ago and the lawyer is still waiting for the municipality that she settled with to send the check.

Asked on August 20, 2015 under Personal Injury, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is only a time limit if the settlement agreement itself provided for one--that is, the settlement stated that payment would be by a date certain or within 45 days, etc. If that were the case, then then the settlement, which is a contract, could be enforced by filing an action for its breach.
Without a time frame in the settlement, however, the law does not specifically provide a time frame that's why settlements should always contain a time frame for payment. That's not to say that the municipality never has to pay you, but forcing payment when there is not some clear date by which late payment is in breach of the settlement is more complicated you should speak with your attorney about doing this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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