Your lawyer will tell you that getting your settlement money is not always as cut and dry as waiting for a check from the defendant’s insurance company. This is especially the case if you incurred substantial costs while fighting your case in court.
What happens if you’ve settled your personal injury case?
If you win a settlement in your personal injury case your lawyer will formally inform the courts of this. The next step is that the court issues an order of settlement. All parties involved will have at most 60 days to complete the settlement paperwork. Once the paperwork is completed, it’s time for the release process to begin.
The defendant’s lawyer will draw up a release. This establishes the terms of the settlement. Your lawyer will have to approve this release for the settlement funds to be released. The next step (once your lawyer has signed the release) is for you to sign it.Be sure to ask your personal injury lawyer as many questions as possible about the release before you sign it. This is because it’s final once you’ve signed it and send it back to the defendant’s lawyer.
Other settlement tasks
Any liens that you may have on your personal injury settlement must be paid before you receive a penny. For example, you’ll have to reimburse any insurance companies that paid you money for your personal injuries and/or property damage before you received your settlement. There are two types of liens. One is a medical lien. And the other is a government lien. Government liens tend to include those from Medicare, Medicaid, and child support agencies.
What to do if the defense appeals
Expect the defendant to appeal if you win the case and get a settlement from him or her.
Since it generally takes a year for an appeal to be prepped, considered by the court, and decided you will be walking on eggshells for a while. The appeal can have three outcomes:
● The first settlement is upheld
● The first settlement is reversed
● There is a retrial
If the settlement is upheld or reversed and there are two appellate courts in your state you can appeal to the highest appellate court in the state.
What if the defendant is not insured?
Well, it’s rare for you to sue an uninsured person in court. There is one exception. Your Personal Injury Lawyer in St. Catharines will tell you that it may be worth it to sue an uninsured person in court if he or she has lots of personal assets.It’s not an easy process to get your settlement money. However, your chances improve if you hire a good personal injury lawyer.