Claimants should understand the process that is used for getting their deserving compensation from the insurance company to their place of residence.
Process used after both sides have agreed to settle
Lawyers for both parties notify court, regarding achievement of settlement. Then the court issues an order of settlement. Both sides receive that order. The insurance company sends an unsigned release form to the claimant’s lawyer. That same attorney reviews the received form. If it meets with the lawyer’s approval, then it needs to receive the claimant’s signature.
The signed release form goes back to the insurance company. That should trigger delivery of the compensation package to the claimant’s lawyer. Personal injury lawyers in Red Deer clear their clients’ liens, and take out their own fee, before sending those same clients their awaited compensation.
Process that usually follows a court-awarded judgment
The losing side usually goes after an appeal. That means taking their case to an appellate court. Each such court hears the arguments from both sides and makes one of 3 decisions.
• It could decide to uphold the ruling made by the judge at the original trial.
• It could decide to reverse the decision that was made by the judge at the original trial.
• It could decide to call or a new trial.
Obviously, that procedure takes time. In other words, the plaintiff must spend more time waiting for delivery of the court awarded judgment. Yet anyone with a simple case should be glad to receive his or her money.
Consider what could happen, if the plaintiff had sustained catastrophic injuries and had sought a large reward. If the defendant had purchased a policy with a low limit, then the defendant’s insurance company would have no reason to provide the plaintiff with all of the awarded money.
A lucky plaintiff might have purchased an underinsured motorist option. That could work to guarantee delivery of the court-awarded judgment. Of course, the terms in the policy that contained the plaintiff’s option would have to match with the situation that has been created by the existing case. Like the defendant’s policy, the plaintiff’s underinsured motorist option would have come with limits. Those limits would need to equal or exceed the amount of money that would be owed by the company that had sold the plaintiff that same option.
If the plaintiff’s option did not guarantee delivery of the court-awarded funds, then the plaintiff would have to consider filing a lawsuit. Yet that might not allow for delivery of the desired funds, if the defendant did not have much in the way of assets. In the absence of insurance coverage, the target of a personal injury suit must make use of his or her assets.