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What Happens After Winning A Personal Injury Case?

Riddle Brantley LLP   |  May 16, 2023   |  

With the help of your attorney, you’ve won your personal injury case. The next step is collecting damages, the legal term for money awarded due to another party’s negligence. But how do you collect it? Two processes may play out depending on your case’s complexity. For example, you may have won through a negotiated settlement or, alternatively, at trial.

If you’ve been injured and have questions about how you can win your personal injury case, contact us at Riddle & Brantley. Our North Carolina attorneys have secured over $700 million for victims since 2000 alone (see disclaimer below). We believe that Justice Counts!

You’ve Won a Settlement

Settling a case typically leads to a quicker and less complex disbursement process. In this scenario, the other party (usually an insurance company) accepts liability and agrees to pay by a set deadline, often within a few weeks of the agreement being reached. Your attorney should notify the court, and you’ll sign a release. The agreement typically prevents you from bringing further suits against the other party related to this claim, even if your costs exceed the settlement amount. At Riddle and Brantley, we believe Justice Counts, so we’ll work to ensure you get the best deal possible before you sign that release.

You’ve Won a Verdict

You’ve won a verdict, and the collection process begins. The first hurdle is a potential appeal. If the decision is continued, the only difference for you is a delay in receiving your damages. It might be a tactic the insurance company uses to get you to settle for a reduced amount rather than wait for the appeals process to finish. Or, an appeal could result in a retrial, which will create a further delay.

However, the collection process can continue if there are no appeals or the court’s decision is upheld.

Contingency Fees, Taxes, and Liens

The next step is to pay attorney’s fees. Once the check is received, these fees will be deducted, and the remaining damages will be forwarded directly to you. However, there may also be financial obligations to other parties, such as liens or taxes. For example, there may be claims by medical providers. Your attorney will keep you updated on these financial obligations, and they must be taken care of first — and in some cases, your attorney can negotiate the amount owed. After this is taken care of and your attorney has deducted their agreed-upon percentage, the balance is forwarded to you.

What if They Don’t Want to Pay?

Most insurance companies will comply with court orders and settlements, and you’ll receive a lump sum payment in due course. However, in some instances, the other party may refuse to pay. This may happen, for example, if your award includes amounts beyond the defendant’s insurance coverage. What then? We’ll work tirelessly to determine the legal action necessary to get the liable party to pay. Contact an experienced personal injury attorney at Riddle & Brantley today.

Justice Counts at Riddle & Brantley

The journey for a personal injury victim who has sustained significant financial and physical hardship can take a long time, but Justice Counts for everyone. Contact us at Riddle and Brantley for a free case review. You have nothing to lose as you never owe us legal fees unless we recover compensation on your behalf.

“Your talent and expertise proved to be an invaluable asset.”- C. Keel Sr.