If you've suffered an injury through no fault of your own and have gone through the long and difficult task of pursuing legal action to get the compensation owed to you, it can be an incredible relief to have finally prevailed after suffering a blow to your quality of life via a third party's negligence. However, simply winning your personal injury claim is not the end of the road; from that point, you need to establish a clear path forward in terms of exactly when and how you can expect your compensation to be paid out.
Personal injury claims can have a myriad of differences in terms of how they proceed and conclude, but once you have successfully navigated the legal system – either via a judgment in your favor or settlement – it is vitally important to understand how the final steps will play out for your anticipated compensation, and it is highly recommended that you consult with a knowledgeable personal injury attorney who can help you deal with the complexities of that situation.
If you have been hurt through no fault of your own and have filed a personal injury claim and the insurance company representing the negligent party agrees to a settlement – in this case, the liable party has admitted that they are responsible for your injuries – a payout typically comes after all of the appropriate settlement papers have been completed; on an average, this takes about three weeks.
However, this could become more complicated if the personal injury case is forced to go to trial due to the liable party refusing to take responsibility for your injuries. In that case, even if you ultimately prevail in court, the defendant could choose to file an appeal which could draw out the amount of time it takes for you to receive the compensation even further. When all is said and done, you may be forced to wait as much as one to two years to finally receive the payout that is owed to you after winning an appeal.
But whether the at-fault party settles, or you have gone on to win a trial against them, the attorneys representing both parties will inform the court that a settlement has been reached, prompting the judge presiding over the case to issue a legally binding Order of Settlement document. After this document has been issued, all involved parties have between 30 and 60 days – depending on the details of the case – to fill out and file all of the necessary paperwork with the court.
At this point, the plaintiff should have the guidance of an experienced lawyer who can make sure that all of the required paperwork is filled out correctly and filed in a timely manner to ensure that a settlement check is received as soon as circumstances allow.
In order for the settlement amount to be paid out, the attorney representing the defendant must draw up a release document that contains all of the details regarding the terms and conditions of the settlement. Depending on the complexity of the case, this document can vary in length from a single paragraph to as much as 15 pages or more. However, plaintiffs should beware of the plaintiff’s attorney potentially utilizing tactics to delay the payment of the settlement by deliberately making the release unnecessarily long and complex. However, with a knowledgeable personal injury attorney by your side, you will be able to pinpoint any aspect of the release that may be considered objectionable to ensure that you are paid as soon as possible.
A judge may need to interject himself into the situation if both parties are unable to agree on the terms of the release, but your lawyer will try to prevent this from occurring as it would delay the payout of your settlement. When both sides finally come to an agreement on the release, you will be required to sign it in the presence of a notary public; this act means that you have accepted the terms of the release and are prevented from being able to attempt to change said terms at a later date. Again, the attorney representing you will help you navigate the terms of the release to ensure that they are in your best interests before you sign it.
Being injured through no fault of your own can be a harrowing experience, and navigating the complexities of the legal system to get your just compensation can often be nearly just stressful if you don’t have a highly qualified and knowledgeable attorney by your side. But if you do, you can be confidentin the fact that you will successfully come out on the other end with the compensation that you so richly deserve and your life finally back on track.
Have you or someone you know recently filed or won a personal injury claim? Contact the accident attorneys at the Law Office of Cohen & Jaffe, LLP at 866-878-6774 now or fill out our simple form for a free consultation.