Short answer: How you actually get the money depends on who the insurer names on the check (you alone or you and your lawyer), whether there are liens or court approvals required (for minors or incapacitated people), and whether you choose a lump-sum, wire, or structured settlement. In Delaware, attorneys must follow client trust rules when they receive settlement funds, and insurers and medical providers may assert liens that reduce the net you receive.

Detailed answer — step-by-step: how settlement funds flow after the insurer issues a check

1. Who is named as payee matters

   If the insurer makes the check payable to you alone and you are not represented, you can deposit the check into your personal bank account after endorsement. If you are represented, insurers frequently issue the check payable to you and your attorney (joint payees) or to the attorney’s firm. Joint-payee checks are common because insurers want confirmation that the attorney’s fees and case-related expenses will be handled before you receive the net amount.

2. Attorney handling — trust account rules

   If an attorney receives the check, Delaware rules require lawyers to hold client funds safely and to keep client funds separate from the lawyer’s operating money. The funds are typically deposited into a client trust account (IOLTA or similar), the attorney pays liens, deducts fees and costs authorized by you or by agreement, and then issues a disbursement (check or wire) of the net amount to you. See Delaware court rules on attorney conduct and safekeeping client property: Delaware Rules & Court Resources.

3. Liens, medical bills, subrogation, and government paybacks reduce your net

   Before you get the net proceeds, liens must be addressed. These can include medical provider liens, private health-insurance subrogation, Medicare conditional payment claims, Medicaid paybacks, or liens from other insurers or employers. Your attorney typically obtains payoff statements and negotiates reductions when possible, then pays lienholders from the settlement proceeds. For general consumer information about insurer practices, see the Delaware Department of Insurance: Delaware Department of Insurance. For federal Medicare-related recovery rules, see the Centers for Medicare & Medicaid Services: CMS.

4. Special situations: minors and incapacitated persons

   If the injured person is a minor or legally incapacitated, Delaware courts often need to approve the settlement or require the funds be placed in a blocked account or guardianship account. Court approval protects the minor’s interests and controls how funds are released. For details on court supervision in such cases, consult Delaware courts and the Delaware Code at delcode.delaware.gov.

5. Timing — bank holds, clearance, and attorney processing

   Even after the insurer issues a check, you may not receive cleared money immediately. If you deposit a check, banks may place a hold pending clearance. If an attorney receives a joint-payee check, they will wait for the check to clear, obtain lien payoff letters, pay outstanding bills, draft the closing paperwork (release, settlement statement), and then disburse the net funds. Expect anywhere from a few days to several weeks depending on the complexity of lien resolution, court approval needs, and whether the check was a bank or third-party instrument.

6. How you can receive your net payment

   • Personal check or attorney-issued check (most common after attorney fees/costs and liens are handled).
   • Wire transfer or ACH direct deposit (ask your attorney or the payor if available).
   • Structured settlement/annuity (if you choose periodic payments instead of a lump sum, arranged via an annuity after settlement).

7. Documentation you should get at disbursement

   Get a final settlement statement that itemizes gross recovery, attorney fees, costs, lien payoffs, and the net amount you received. Keep a copy of the release you signed and proof of payoff for any liens.

Relevant Delaware resources: Delaware Code and court rules available at delcode.delaware.gov and attorney rules and court procedures at courts.delaware.gov/rules. For questions about insurer behavior or complaints, see the Delaware Department of Insurance.

Helpful hints — practical steps to protect your payout

• Ask when you will receive a disbursement and what will be deducted. Request a written settlement breakdown in advance if possible.
• If you are represented, expect the attorney to deposit any joint-payee check into a client trust account and to send you a settlement statement before distributing funds.
• Get payoff letters in writing for every lien or bill; do not accept verbal promises that liens will be paid.
• If Medicare or Medicaid is involved, tell your attorney early so conditional payments can be identified and resolved. You can consult CMS guidance at CMS.
• If you prefer a wire or ACH, ask your attorney whether that option is available and whether there are fees for electronic transfers.
• For minors or incapacitated people, expect court approval requirements; plan for additional time and paperwork.
• Beware of quick-cash companies offering to buy your settlement check for immediate cash — these often charge high fees and produce poor net results.
• Retain copies of all documents: settlement agreement, release, settlement ledger, lien payoff letters, and the front/back of any checks you sign or endorse.
• If you have questions about how funds were handled, ask for an itemized accounting from your attorney. If concerns remain, you may contact the Delaware Bar Association or the Delaware Courts for guidance.