It is reasonable to some that when a court makes a judgment in a motorcycle accident trial that the winner of the suit gets compensated shortly afterwards. However, a courtroom win Isn’t always the final stage of the trial process and the accident victim could have more financial and legal obstacles to overcome.
If the party at fault in your motorcycle accident was has a strong financial status, there is a strong possibility that he or she will follow the terms of the settlement expeditiously and in full. However, there are circumstances when the defendant may be unable or unwilling to pay you even if the court had ruled in your favor. Some defendants may have financial difficulties and could have a hard time complying with the final verdict. Other parties may simply not want to pay and will try to avoid your lawyer’s efforts to collect your compensation. Some might hide assets, file for bankruptcy, and prolong the legal process to make collecting your judgment costly and frustrating.
If this occurs, there are numerous legal strategies available to help you win and receive compensation. For example, your attorney can request the debtor’s wages be garnished. Your attorney can also request legal permission to analyze the defendant’s financial records to ferret out any hidden assets.
Keep in mind, however, that there are some legal and time-related limits involved. In most states, you can’t garnish more than 25% of a debtor’s income. Furthermore, statutes of limitations take effect once the court decision is completed and entered in the records. Most U.S. jurisdictions set this time limit at ten years; you can ask for an extension if necessary, but you must be aware of the deadlines to file for them.