The point of filing a personal injury claim is so that one receives compensation for their losses. As a result, it is easy to assume that once a settlement has been agreed upon the money automatically reflects one’s bank. Or an award given in court the money also automatically reflects one’s bank. This article will discuss collecting settlement or judgement award monies.
After receiving a judgement award, it is possible that the defendant will appeal the decision. To say the least, this is a long process. Note that an appeal can take a year or more to be prepared, considered and decided by the court. The court where the appeal is made can do one of the following with regards to the judgement:
- uphold the judgement – this basically means that you win, again
- reverse the judgement – meaning you lose the case; or
- send the case back to the previous court for a new trial
If the court upholds or reverses the judgement, you or the defendant can appeal again. Such an appeal goes to the state’s highest court which is often the ‘Supreme Court’. This court may decide to uphold or reversed the judgement or send the case back again for a new trial. When the matter is sent back for a new trial it means exactly what it sounds like. You have to do the whole trial process again. Further, after doing the whole trial again both parties have the right to appeal, again! This is likely why many plaintiffs choose to settle their personal injury cases than go to trial.
Where the defendant has no insurance coverage, it is unlikely for you to get a lawyer to represent this case. This is because people without insurance have limited assets. And there is no point in suing someone without money.
For legal advice and representation in your personal injury case speak to a Vinson Law Office personal injury lawyer today.