This is the next post in our discussion on the various stages of a Fort Worth, Texas personal injury case. Our last article discussed what is involved in litigating a personal injury. It is important to understand that litigation can be a lengthy process and that if it is not properly handled, from beginning to end, then you may be without needed evidence at trial and you may fail to properly present your case. Fortunately, most matters are settled without litigation. In this post we will discuss how funds are disbursed to you after your case is settled or after you have prevailed at trial. If you or a loved one have been injured in an accident then it is vital that you contact a personal injury attorney as soon as possible.
If your matter settles then there are steps which must be completed before you receive a check. The treating medical providers will likely have liens for their services, and other costs, against any amount you are to receive. As part of settlement negotiations, your attorney will have spoken with the providers in an effort to get them to accept a reduced amount. By the time your case settles a final amount due to the medical providers will have been agreed upon. Checks will be cut to the medical providers, typically directly by the insurance company making the payment, and the remainder will be sent to your lawyer for disbursement to you. The process can differ, however, if your case went through a trial.
Say your case went to trial and the jury ruled in your favor. Assuming that the defense does not appeal the verdict, then the insurance carrier will issue a check to your attorney and any lien holders. Your lawyer can attempt to negotiate directly with the lien holders to get them to accept a lower amount, but practically speaking, the carriers will have little incentive to take a lower payment. It is possible, however, that such negotiations will be successful.
Once your attorney receives a check then they will distribute your funds to you, minus your legal fees and costs. At this point your case will have been concluded. If you were awarded punitive damages then you may face tax consequences which should be discussed with a tax professional.
If you have been injured in an accident then it is important that you retain an injury lawyer who is experienced in dealing with medical professionals. As explained above, counsel’s ability to negotiate a lien can greatly impact the amount of compensation which you receive. It is best to retain lawyers who are Board Certified in Personal Injury Law and who have the resources necessary to see your case through to completion. This is true whether you were injured in Fort Worth, Dallas, or elsewhere in Texas.