24 May 2022
 Categories: Law, Blog

Personal injury law offers different forms of remedy, but many accident victims focus on monetary compensation. The focus on monetary compensation makes sense since most accidents cause significant economic damages. Below are some things that must happen before you receive a compensation check.

The Defense Must Accept the Judgment

The defendant may accept the judgment and release your money or refuse the judgment and appeal the ruling. Every party to an injury trial has the right to appeal the judgment or ask for a new trial. The law even prescribes the grounds under which you can lodge an appeal or request a new trial. For example, the defendant might appeal the case if:

• The jury disregarded instructions during trial
• The court declined to accept evidence that it should have accepted
• The judge made a mistake in law in their ruling

Note that an appeal does not try the case afresh; the appeal court only evaluates whether the lower court significantly erred in its ruling. However, the defendant might ask for a retrial if their appeal succeeds. The law specifies the deadlines for each party to accept the ruling or file an appeal.

The Defense Must Release the Money

If the defense accepts the ruling, it must release the money to your lawyer. The court will not collect the money from the defendant and hand it over to you. The law assumes that the defendant will do the right thing and send the money.

In addition, the money goes to your lawyer and not to your personal account. The arrangement protects your lawyer and others who have a right to a portion of your injury money. Most states have laws that define how long the defendant has to release the money to your lawyer.

Your Attorney Must Deduct the Relevant Liens, Fees, and Expenses

Your lawyer will receive the compensation check, deduct the relevant expenses, and forward the remainder to you. Some of the expenses the lawyer may deduct include:

• The lawyer's legal fees (the contingency fee)
• Case costs or expenses, such as travel, filing, and administration expenses
• Medical liens on your compensation

Rest assured your lawyer would only deduct legitimate expenses and forward the rest of the money to you. The government even has measures to ensure you get the money you deserve. For example, some states require the lawyer to deposit the compensation check into a trust account to prevent commingling with other funds.

Contact a personal injury lawyer to learn more.