Those injured in a serious personal injury accident – as well as the surviving family members of decedents killed in a fatal injury accident – usually have two overriding concerns on their minds when they visit with a personal injury law firm. First, these injury victims and family members want to know if they have a viable case. Answering this question requires our legal team to analyze the facts and circumstances of the person’s situation and utilize our knowledge of the law to render an informed opinion as to whether the person has a realistic opportunity to recover compensation for his or her injuries and losses.
The second most common question – and an equally compelling question, too – that injury victims want answered is this: “How long will it take to get my compensation award?” This is understandable considering that many injury victims are facing significant financial hardships due to medical bills and decreased wages. Unfortunately, it is not always as easy to determine when an injury victim will actually get the money in his or her hands.
If Your Case Settles Before Trial
If you and the at-fault party in your civil action decide to settle your case, then the settlement agreement will usually indicate when and how the defendant in your case is to pay you. This is typically true if you and the defendant settled the case yourselves or if a mediator assisted in brokering the agreement. Because a settlement agreement should be an enforceable contract, you should be entitled to additional damages and/or other legal relief if the defendant fails to pay within the time specified.
If You Win Your Case at Trial
If your case proceeds to trial and you prevail, the judge will enter an order fixing the amount of compensation the defendant must pay and the time within which he or she should pay. This timeframe can be paused if the defendant decides to appeal the trial’s result, legal issues that arose during the trial, and/or the amount of compensation ordered by the court. If the defendant does file an appeal, then the defendant is usually not required to pay until after the appeal has been resolved. Depending on the number of cases that must be decided before your own at the appellate level, this can take months or (in some cases) years.
If You Arbitrate Your Case
If you submit your case to an arbitrator, the arbitrator will fix the amount of time the defendant has to pay you. However, like a trial, the defendant may be permitted to appeal the arbitrator’s decisions to a court (and then appeal any adverse decisions the court makes to an appellate court). Again, it can take months – or even years – in order for the case to be finally resolved in your favor and the defendant to begin making payments.
Case Barnet Law Firm is a California personal injury firm committed to helping injury victims recover the compensation they need following a catastrophic personal injury accident. Contact the firm at (949) 861-2990 today for assistance, or complete our firm’s online contact form.