After a settlement in a fall down case, is there a time limit for expecting the payment?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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