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 Paul Dansker a personal injury lawyer about getting your financial judgment.
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Personal Injury Judgment to
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 Paul Dansker a personal injury 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 experienced injury 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 an injury lawyer right away to begin building your personal injury case. After
your injury 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).
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 injury 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 injury 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.
If the defendant refuses to pay or says they cannot do so, your injury 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 injury lawyer can help you make decisions about
settlements and collection procedures.
If you win your personal injury 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.
Contact Paul Dansker & Aspromonte an experienced and aggressive injury lawyer to
make all the difference in winning and collecting on your judgment.
For more info please visit: http://pauldansker.org/