Collecting Money in Personal Injury Claim

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!

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