Filing and pursuing a personal injury claim is a lengthy and twisted process. The proceedings commence with the victim or their Los Angeles car accident lawyer
filing a case against the party-at-fault. The insurance company usually
steps in and then ensues a protracted session of arguments, offers and
counteroffers. It becomes a minefield of tricky maneuvers, perplexing
evidence and confused witnesses. It is after great parleying that most
claims reach the settlement stage.
And
further woe will unfold if either party refuses to settle. Mediation
and arbitration follow, beyond which the case ends up in court. A
lawsuit further draws out the case before the judge or jury will give a
judgment.
What happens after settlement?
Be
it a settlement or favorable judgment, you will breathe a huge sigh of
relief and expect to see a check for the decided amount sailing into
your mailbox very soon. However, fact is that it may still take a while
before you actually get the due compensation for your injuries and other
damages.
In
case the case is mutually settled out of court, the court will issue an
order of settlement and there will be paperwork that should be
completed within a month or maximum two. For instance, you or your
attorney will send a Confirmation of Settlement letter to the insurance
company which will respond with a similar confirmation. The insurance
company or the opposing legal team will also issue a Release Form that
will set out the terms of the settlement and also prohibit you from
taking further legal action. It often happens that there are
incongruities or loopholes and the lawyers may haggle over the terms for
days at end.
Only
when the terms are deemed acceptable and you sign the release will the
settlement check be issued. But this also takes time and will still not
land in your hands directly – it arrives at the office of the Los Angeles car accident lawyer
on record. Your attorney will settle any medical or government liens
against the lawsuit and also deduct his own contingency fee and other
legal expenses. It is the balance that will be credited to your account!
What happens after trial?
In
a personal injury lawsuit, the court can return a favorable or
unfavorable judgment. Even if the verdict is in your favor, the opposing
party is most likely to appeal. The following appeal itself can take a
year or two following which you or the defendant gets a chance to appeal
once again. At every stage, there is a possibility of the court
upholding the judgment, reversing it or even sending the case back to
trial.
It is only when every step works in your favor that you can expect to enjoy any compensation in the future!
Comments
Post a Comment