How Much of My Injury Settlement Will I Get to Keep?
Many people believe that, when they bring their personal injury claim, it will be an easy and streamlined process where they will gain the compensation they deserve within a few easy weeks. However, this is not always the case, especially when there are many elements involved in these cases. There are elements that must be considered, as well as different expectations depending on if you go to trial or go through the settlement process.
If Your Case Goes to Trial
If you took your matters to trial, there are many things that could happen. By the end of the trial, you may think that receiving your money is a cut-and-dry matter, but this is not always the case. Truth be told, in many cases, a defendant will appeal a case. The court will either choose to uphold the judgment, reverse it, or send the case back to trial so matters can be litigated again – which starts a whole new process that takes more time. This means that you could be waiting several months all over again, where you aren’t sure what the results will be or when you will be paid.
If Your Case is Settled
If you choose to go through settlement, many other things may happen. Once your case has been settled, parties will complete paperwork, which could take anywhere from a month to 2 months. A release will be signed, which sets forth settlement terms, and your attorney will take a closer look at everything involved. Sometimes, lawyers will continue to argue over the elements that appear on the release until the settlement is deemed reasonable on paper.
There will also be a dealing with any liens against your lawsuit. Liens are legal rights to someone else’s assets before you are able to recover. Medical liens are common in personal injury lawsuits, which are from the plaintiff’s health care provider and health insurance companies. Liens must be paid off before you are able to receive anything from the settlement, so this is something else to consider in your case.
There are other costs that you have to consider after settlement as well. For instance, consider the following aspects:
- Attorney Fees: Sometimes you may have to pay for your attorney’s fees, unless the judge in your case or your attorney says otherwise. Sometimes the defendant in your case will cover these expenses depending on the circumstances.
- Possible Medical Expenses: Some medical expenses might not be covered. Say that you went to a chiropractor sometime after your diagnosis. Or, perhaps the defendant’s attorney said they will cover everything except for your ambulance fees. These are things you may see happen in your case, and you should be prepared to have to pay out of pocket.
- Some Case Costs: Some parts of your case you may have had to pay for out-of-pocket as well. This includes obtaining your medical records, copy charges, postal charges, and more.
Litigation and settlement still come with a cost. You will find that you have to pay for some matters, and have to wait for your damages when the time comes to settle. No matter what, we want to bring you the most streamlined process so you can gain compensation as soon as possible and get started on your recovery. Let us help you with your case today at the Los Angeles Injury Group. We are waiting to hear from you, so call us today at 310-954-7248.