If you are involved in a personal injury case, you are likely wondering, “When do I receive my legal compensation?” Lawsuits can drag on for months or even years. The timeframe for getting your payment after a judgment depends on many things, including any appeals, the defendant’s finances, and the size of the award. Here is some basic information from a lawyer about getting your financial judgment.
What is a Personal Injury Case?
A personal injury case is a suit filed by someone who suffered an injury to his or her physical body or their mental or emotional state. It is also called a tort lawsuit, since it implies that the injured party’s problems were caused by someone else’s negligence. Most personal injury claims are made about traffic accidents, slip-and-falls, product defects, assaults, and medical issues such as industrial diseases. The injured party will be eligible for legal compensation. An lawyer will need to guide and represent your case. Normally they will not receive compensation unless you win, so they have incentive to help you do so.
Timeline of a Personal Injury Case
Contact a lawyer right away to begin building your case. After your lawyer files the lawsuit, the discovery period will begin. Depositions will be taken, evidence gathered, all parties involved answer interrogatory questionnaires, and pre-trial motions will be filed. Often the defense will offer a settlement at this point, and the case will go to trial if you decline. If the jury decides in your favor, the judge will determine the legal compensation to award. You will receive a compensatory award for “actual” damages (medical bills, lost wages), and maybe punitive damages (pain and suffering).
Best-Case Scenarios
If the defendant is a business or someone with substantial assets, it is much easier to collect. Most companies and individuals would prefer to pay the legal compensation they owe and move on. If this is the case in your lawsuit, the defendant will issue a check in the name of your lawyer’s client fund. They will deposit the check, withhold legal fees and any other accrued costs, and cut a check in your name for the balance. This process can take anywhere from a few days up to a few months, depending on the size of the judgment. If you chose to settle and avoid a trial, compensation usually happens much faster.
Stumbling Blocks to Compensation
If you and your lawyer chose not to accept a settlement and you did win your case, the next step depends on the defendant. Often they will pay the judgment, but the time limit for voluntary repayment in most states is ten years. If the state allows appeals, they might choose to file one or a series of these, in an effort to decrease the judgment amount or overturn the verdict altogether. Some defendants take evasive action to avoid paying a large judgment, such as filing for bankruptcy or fleeing. Others even choose to file a counter suit, alleging defamation or some other charge, to freeze the award process.
What Now?
If the defendant refuses to pay or says they cannot do so, your lawyer will take action to bring in the funds. They may conduct a post-judgment discovery to ferret out hidden assets, file a claim in small claims court (for smaller judgments), start an aggressive collections process such as seizing personal or business property for liquidation, or filing for garnishment of wages. It can take years. This is one reason to consider settlement offers. Your lawyer can help you make decisions about settlements and collection procedures.
If you won your case, you can and should expect payment as soon as possible. However, this does not always happen. Larger lawsuits, especially class-action suits and those with huge punitive damage awards, often drag out for years, even when appeals have run out. The average case lasts two years from start to finish. An experienced and aggressive lawyer will make all the difference in winning and collecting on your judgment.
Your Personal Injury Attorney Reno,
Steve Hess
