Guide · Settlements · All states

After a settlement: how the money reaches you

Updated October 17, 2026By the Counselworthy team General information, not legal advice

Short answer

Timing depends on your state's rules.

In New Jersey, the insurer must pay within 10 working days of the agreement or of your meeting its conditions, whichever is later.
With a lawyer, the money goes into a trust account first, and your lawyer must promptly pay your share with a signed closing statement.

Checked October 17, 2026.

Sources: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f); RPC 1.15(a), (b), (c); R. 1:21-7(b), (g); RPC 1.5(c). Every fact cites a source

NJWhat happens, in order

You decide whether to settleYour lawyer must follow your decision on whether to settle.Source: RPC 1.4(b); RPC 1.2(a); RPC 1.6(a); RPC 1.8(f)
The insurer paysWithin 10 working days of receiving the agreement, or of you meeting any conditions it sets, whichever is later.Source: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)
The money goes into a trust accountYour lawyer must keep it apart from the lawyer's own money, in a separate account at a New Jersey bank.Source: RPC 1.15(a), (b), (c)
Your lawyer tells you it arrivedWhen money for a client arrives, the lawyer must promptly tell the client.Source: RPC 1.15(a), (b), (c)
Your lawyer pays your shareThe lawyer must promptly pay out what you're entitled to, and give you a signed closing statement.Source: RPC 1.15(a), (b), (c); R. 1:21-7(b), (g); RPC 1.5(c)

NJWhat can come out before you're paid

Your signed fee agreement says how the fee and the case costs are figured.

NJThe lawyer's fee

In an injury case, it's capped at 33⅓% of the first $750,000, lower on larger recoveries, and figured after case costs come out.

Source: R. 1:21-7(c), (d)

NJCase costs

The fee agreement must say whether expenses come out before or after the fee is figured.

Source: R. 1:21-7(b), (g); RPC 1.5(c)

NJWorkers' comp, if it paid you

When a claim against an outside party recovers money, the employer or its insurer is paid back for the benefits it paid.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

NJA part someone disputes

If someone disputes their share of the money, that part stays separate in the trust account until the dispute is resolved.

Source: RPC 1.15(a), (b), (c)

What would you take home?

Estimate what a client keeps from a settlement after New Jersey's capped contingency fee and case costs.

Open the take-home calculator

Settlement: $25,000
Case costs: −$1,500
Max fee, 33⅓% of $23,500: −$7,833
Estimated take-home: $15,667

Estimate only, before medical liens and unpaid bills. Fee cap from New Jersey Court Rule 1:21-7. Firms may charge less.

NJIf the settlement is for a child

A judge holds a hearing to decide whether a child's settlement is fair and reasonable. If the case settles before a jury is seated, the lawyer's fee is capped at 25%.

Source: R. 4:44-3; R. 1:21-7(c)(6)

NJIf the money is late

Ask your lawyerYour lawyer must keep you reasonably informed and promptly answer reasonable requests for information.Source: RPC 1.4(b); RPC 1.2(a); RPC 1.6(a); RPC 1.8(f)
If the insurer is lateThe insurer has 10 working days from the agreement or the conditions being met. Complaints about an insurer go to the New Jersey Department of Banking and Insurance, in writing.Source: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f); New Jersey Department of Banking and Insurance, How to Request Assistance; N.J.S.A. 17:29B-4(9)(f)

Sources

N.J.A.C. 11:2-17.6(b), (e)Cornell Legal Information Institute, New Jersey Administrative Code. Checked October 7, 2026.
N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)Cornell Legal Information Institute, New Jersey Administrative Code. Checked October 11, 2026.
RPC 1.15(a), (b), (c)New Jersey Rules of Professional Conduct, via Court Rules Network. Checked October 17, 2026.
R. 1:21-7(b), (g)New Jersey Court Rules, via Court Rules Network. Checked October 11, 2026.
RPC 1.5(c)New Jersey Rules of Professional Conduct, via Court Rules Network. Checked October 11, 2026.
RPC 1.4(b)New Jersey Rules of Professional Conduct, via Court Rules Network. Checked October 11, 2026.
RPC 1.2(a)New Jersey Rules of Professional Conduct, via Court Rules Network. Checked October 11, 2026.
RPC 1.6(a)New Jersey Rules of Professional Conduct, via Court Rules Network. Checked October 11, 2026.
RPC 1.8(f)New Jersey Rules of Professional Conduct, via Court Rules Network. Checked October 11, 2026.
R. 1:21-7(c), (d)New Jersey Court Rules, via Court Rules Network. Checked October 14, 2026.
N.J.S.A. 34:15-8Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 34:15-40Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 34:15-51Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
N.J.S.A. 34:15-17Justia, 2025 New Jersey Revised Statutes. Checked October 11, 2026.
R. 4:44-3New Jersey Court Rules, via Court Rules Network. Checked October 7, 2026.
R. 1:21-7(c)(6)New Jersey Court Rules, via Court Rules Network. Checked October 7, 2026.
New Jersey Department of Banking and Insurance, How to Request AssistanceNew Jersey Department of Banking and Insurance. Checked October 7, 2026.
N.J.S.A. 17:29B-4(9)(f)Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

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Questions people ask

How long does a settlement check take in New Jersey?

The insurer must pay within 10 working days of receiving the settlement agreement, or of you meeting any conditions it sets, whichever is later. Your lawyer must then promptly tell you the money arrived and promptly pay out what you're entitled to.

Why does the settlement go to my lawyer first?

A New Jersey lawyer must keep a client's money in a separate account at a New Jersey bank, apart from the lawyer's own, and promptly pay out what the client is entitled to.

What comes out of my settlement?

The lawyer's fee, which is capped in injury cases and figured after case costs, the case costs your fee agreement describes, and anything owed back, like workers' comp benefits if a comp insurer paid you.

What if someone claims part of my settlement?

If someone disputes their share, your lawyer must keep that part separate until the dispute is resolved.