Winning your personal injury case is exciting for a number of reasons. First, you know that a jury and/or judge understand the depth of your pain and have validated it. Second, you know that the person who was at fault is being held accountable. Third, you get the compensation you need. Or do you? The trouble is that collecting damages can be tricky in some situations.
Read on to learn about three ways you might be able to collect damages for your personal injury case. Remember that your attorney is going to be there with you helping to recover your damages.
- We Can Work to Collect from the Insurance Company
- Collecting from the Defendant Personally
- Get a Court-Ordered Payment Plan Set Up
The best-case scenario is that we are able to recover all of your damages from an insurance company. This could be the at-fault party’s insurance company, or, if you were involved in a car accident with an uninsured driver, your own insurance company. The issue with this is that the amount you can recover from an insurance company generally has a limit on it. For example, if you win a settlement of $100,000 but the insurance only pays $50,000, then you might need to find an alternative method of collecting to get your remaining $50,000.
This is only an option if the defendant has substantial personal wealth, but if they do then you can collect directly from them. They might offer to pay the total lump sum, or they might work to negotiate an installment agreement. If they clearly do not have enough money and there is nowhere else to collect from, your personal injury attorney might negotiate a partial payment. You should let your attorney handle all of this so that any agreements reached are legally binding.
If we cannot get the at-fault party or their insurance company to pay what you are owed, then we can seek out a court order to force them to pay. This begins by filing an Order for Examination, which requires that the defendant come to court and answer questions about their finances. This is designed to prevent them from hiding assets. If they do not show up for this hearing then they can be arrested.
If the defendant is deemed to have the income and/or assets to pay, then the court can issue orders that will help you recover what you are owed. This might include garnishing their wages, putting a levy on their bank account, or having a vehicle seized and sold.
If you have been injured in an accident and someone else was at fault, then you should not be held responsible for their actions. Contact The Law Offices of Larry H. Parker at 602-340-0030 to learn more about your options.