What to Expect After Your Personal Injury Trial
How Long until I Receive My Settlement?
If you were victorious in a trial or settlement negotiation, you are probably after your New Jersey accident lawyer for information about when you will receive payment – understandably so! You must realize, however, that drawing the check for a settlement payment can sometimes take a few weeks and the plaintiff is at the mercy of the defendant’s insurance company when it comes to receiving payment.
If your winnings are the result of a jury verdict in your favor, it can take up to a month for the court to enter the outcome and finalize the results. This is due in part to the fact that both attorneys must work out details like payment of court costs, fees, deductions and interest.
What is the Procedure if I Lose My Case?
If you lose your case, you have two options. You can either forgo an appeal and let your verdict stand, or you can commence an appeal to the next highest court. You and your New Jersey accident lawyer will discuss the pros and cons of each decision and whether you stand a strong likelihood of winning on appeal. It is difficult to win an appeal absent clear error on the part of the trial judge or the admission of a document or exhibit contrary to state rules of evidence. It is also costly to commence an appeal as your lawyer must prepare appellate briefs and motions.
Can I still Get a Settlement if We Lose?
Sometimes the insurance company will offer a nominal settlement to avoid the hassle of going through the appellate process. The insurance company would likely offer you an amount less than what it would cost to prepare an appeal.
You should not be too concerned with appealing your case just yet. If you were clearly injured by the defendant, justice usually prevails.
Interested in Speaking with a Lawyer?
If you were recently injured in an accident or incident and would like to speak to New Jersey accident lawyer Gerald Clark, call us today: (877)-841-8855.