Follow-up to Promise of Compensation of Judgement

If you have agreed to the terms of a settlement, or if you have been awarded a court-ordered judgment, then you might wonder how either of those awards is supposed to make its way to you.  

Process for delivery of compensation after you agree to terms of settlement

The lawyers for the disputing parties report to the court that the case was settled. The insurance company sends a release form to the plaintiff or claimant’s attorney. That personal injury lawyer in Waterloo examines the same form and has his/her client sign it. Then the signed form gets sent back to the insurance company. 

The insurance company sends a check to the lawyer that has provided the same company’s adjuster with a signed release form. After receiving that same check, the plaintiff or claimant’s lawyer pays off any liens that the awarded client owes. After taking his/her fee, the attorney sends the rest of the check’s funds to the waiting client.  

Process for delivery of court-ordered judgment

The plaintiff must wait to see if the defendant intends to file an appeal. 

3 possible actions could take place, once the defendant did elect to file an appeal

—The appellate court would agree with the jury or judge’s decision.

—The appellate court would reverse the jury or judge’s decision.

—The appellate court orders the scheduling of a new trial. 

If there were a new trial, the defendant would again have the right to appeal the decision made at the close of that second trial. Again, that appeal could lead to the playing out of one option, from 3 different options. 

The plaintiff would not receive his/her court-ordered judgment until after all of the appeals had been exhausted. 

Does the court grant the court-ordered judgment to all of the plaintiffs that win a personal injury case, even if the win has been achieved during a second or third trial?

The court does not supply the money for that judgment. That money must come from the defendant. If a defendant were to lack the resources needed for paying a court-ordered judgment, the plaintiff would not receive it. 

How do the plaintiffs that have won a court-ordered judgment keep track of the appeals that might have been made by the defendant?

Plaintiffs that have retained a personal injury lawyer can expect that member of the legal community to carry out that particular task. Those without such a lawyer would need to communicate with the court, in hopes of learning what stage of the appeals process the defendant has managed to reach. Obviously, anyone that has chosen to pursue a personal injury lawsuit would be foolish to pursue that same action, without first hiring a personal injury lawyer.