After a Personal Injury Trial, How Do I Collect Money Owed?
Winning a trial is thrilling. It usually comes after long stretches of time, sometimes years, since the initial accident which caused the harm. Energy, money, resources, and even life opportunities are spent trying to seek justice and fair compensation. In the moment it can sometimes become disheartening since there is no guarantee any of it will end up in your favor. When the big day finally comes and a judgment is rendered in your favor, it can feel like the weight of the world has been lifted, and spirits are soaring. The reality, after the celebration, can sometimes offer more disappointment however. Namely, the opposing party from whom you have won a major claim may not pay right away, nor intend to. The question then becomes how to claim what is rightfully yours in the eyes of the law.
If the defendant against whom you won a claim is refusing to pay, or simply not paying what is owed, you can engage in what is known as post-judgment discovery. Through this process, you are legally allowed to find the sources of income and assets that financially sustain the defendant, and go after those sources to recover the compensation you are owed. Garnishing wages is another option that you may employ. While there will be a limit as to the amount you may garnish at any given time, you are within you rights to take a cut of their paycheck until you are paid what you are owed in damages.
In cases where the defendant simply does not have the money or the income to pay you right now, you can extend the amount of time the judgment is meant to last in order to collect, even if takes over a decade to do so.
Keep in mind that whether the defendant is an individual or a company will affect the types of actions you can take against him, her, or the company.
In most cases, you cannot collect on your own. You will need to retain a collection attorney, or a personal injury lawyer with experience in these matters who can offer you a reasonable rate for their services, and who will fight to make sure that your struggle to gain the compensation rightfully due to you is not for nothing.
When choosing an attorney to represent you, and in the case of a post-judgment scenario, collect for you, make sure you find someone who has experience in matters of collection for personal injury claims, is not afraid to use any and all legal tactics to get what you have fought so hard to receive, and who you can have a good working relationship with. The personal injury and collection lawyers from California Attorney Group are among the best in California, representing clients in personal injury cases throughout Los Angeles, Orange County, and southern California in general. Contact them today for a consultation. You have already won your battle. Now it is time to win the war.
