After the Verdict: Your Case Isn’t Over Just Yet
For many injury victims and their attorneys, the primary thought is whether or not you will win your case, or at least, settle it for an amount that fairly compensates you for what you are going through after an accident.
That is fair and legitimate; you should be concerned about those things. But don’t be mistaken—even after a successful win, there are other things to be concerned about, and other things that happen, before your case is truly concluded.
What About an Appeal?
If you settle your case, one benefit is that you don’t have to worry about the other side appealing; you can’t appeal a voluntary settlement. But if you go to trial and win, you do face the possibility that the Defendant will appeal the jury’s decision.
If they do, you will need to fight the appeal to preserve what the jury awarded you. And unless you settle the case pending the appeal (which would usually be for less than what the jury awarded you), you can expect to wait at least another 8 months to a year, waiting for the appeal to resolve.
Post Trial Motions
So you’re lucky; you won or settled and there is no appeal. You may still have to worry about the Defendant filing numerous motions after the case is over, especially if it ended in a trial with a jury verdict. The Defendant may file:
- Motions for a new trial
- Motions to ask the judge to lower the jury’s verdict
- Motions to lower the verdict to account for collateral sources (i.e., money you have been paid from other sources)
Collecting on the Judgment
Collection may or may not be an issue to deal with. If there is a large company on the other side of the case, or if the Defendant has sufficient insurance, you usually won’t have to worry about chasing someone down to get them to pay a verdict or settlement.
But if the Defendant is a person, and the verdict exceeds his or her insurance limits, you may be left having to find assets and collect upon them to satisfy your judgment.
You can lien the property of someone who owes you money if they own property to lien—but that doesn’t put money in your pocket right now, as Florida’s homestead laws prevent judgment creditors from foreclosing on homestead property.
Collateral Source Negotiation
There may be sources, like health insurance, or Medicare, or other entities that paid money towards your treatment that want, and have a right to be, paid back. Your attorney can negotiate with these entities—the less they get, the more of your verdict or settlement that you get.
Investing Your Compensation
In larger verdict cases, you probably will want to invest the money in a way that ensures that it will last for as long as you need it to last. That may take working with a professional, such as someone who works in annuities or other forms of structured settlements.
Get help from start to finish in your accident or injury case. Call the Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian to schedule a consultation today.
Sources:
cms.gov/medicare/coordination-benefits-recovery/beneficiary-services/recovery-process
uscourts.gov/about-federal-courts/types-cases/appeals
