When a careless driver puts you out of commission, you may seek damages. That means you can be paid for all the ways the accident has damaged you. From your physical injuries and property losses to your lost wages and mental suffering, you need to be compensated. Once you win your case, it's the beginning of the end. Read below and find out what might happen once it's clear that things are going your way.
Settling Your Case
You might be able to settle your case and get paid that much sooner. A settlement means that you agree to accept a certain sum of money for damages and that you won't take any further legal action against the other driver and their insurer. This is by far the easiest and quickest way to end a case, as long as you use a personal injury lawyer who will look out for your best interests while negotiating the deal. Once you sign the release and the settlement, you can expect payment fairly quickly. Most settlements have language included that states when the money is due. If not paid on time, fees and interest might accrue.
Taking Your Case to Court
While it can take longer than a settlement, a court may rule in your favor and award you the compensation you deserve. Once you prevail, the other side has a limited time in which to provide you with a check. If they don't, they can face court orders and more penalties. In some cases, waiting to take a case to court rather than settling could pay off with greater financial gain. Some juries and judges will add punitive damages on top of any compensatory damages, thereby doubling or even tripling your award. Punitive damages might be appropriate in cases of a drunk driver causing the accident or someone distracted by texting. These awards send messages to the general public meant to deter others.
Compensation: Where Does It Come From?
From the time of the first visit, your personal injury lawyer will do a preliminary investigation into the other driver's financial resources. Most are insured but not all are. If the insurance covers the damages, the money to pay the victim comes exclusively from the insurer. If the driver lacks sufficient insurance or is not insured, several things can happen. Some states have a pool from which victims can be paid and some drivers have to come up with the money themselves. Monetary resources of the driver is part of a settlement or judgment, with judges having the power to freeze bank accounts and place liens on a property until the case is over and the damages are paid.
To find out more about what happens once the case has been decided, speak to a personal injury lawyer.
