Car Accident Lawyer in Memphis, TN
If you were in an accident and went through the process of filing a case against the at-fault driver, you probably have a reasonable expectation that you will receive the amount you are owed. This is unfortunately not always the case. It is important to understand what happens once a case is over to ensure the plaintiff actually receives their compensation.
Ensuring You Receive the Fair Amount
First things first, you need to prove an amount is actually fair. A case may result in you receiving an amount that is lower than the damages if you do not prove how much you lost as a result of the accident. For this reason, it is vital that you save all:
- Medical bills
- Insurance claims
- Damage assessments
- Mechanic bills
- Pharmacy receipts
- Other proofs of payments
The most straightforward and common approach to getting compensation in cases of fault disputes is a lawsuit. However, it is actually very uncommon for a lawsuit to proceed all the way to completion. Much more often, the parties will decide to settle out of court. If this happens, the settlement itself will include specific details for when and how the payment must be made. The most common deadline for payments is 20 or 30 days. The settlement may also include information for what happens if they fail to make the payment. In most cases, interest is added to the amount or the settlement becomes void and the wronged party can restart the lawsuit. Both of these are strong motivators for the at-fault party to make the payment on time. An accident lawyer should help you with a settlement and ensure that there is something in the agreement to protect you if they choose not to pay.
Trial in Court
If your trial does go to completion, there are much higher consequences for the at-fault party not paying. However, this security comes with a longer time to wait for payment. The exact time depends on which state you are in and the specific judge who rules over the trial. The defendant must always be given enough time to appeal the decision if they feel the wrong decision was made. If they appeal, it may take a few years to receive your compensation. If there is no appeal, it will probably take a few months. Because the ruling is backed by the law, you can garnish his or her income or bank account to forcefully receive the amount you are owed. Once again, it is strongly recommended that you have a car accident lawyer in Memphis, TN to help you with this process.
Contact Darrell Castle & Associates, PLLC for their insight into personal injury claims and making sure you get compensated after winning a car accident case.