Many injured parties who have been hurt due to negligence face expensive medical bills and lost income, among other financial difficulties. A court award can often provide financial compensation in these instances.
Plaintiff and defendant in legal disputes are often referred to as the same. When it comes to lawsuits, it’s usually easier for the person being sued – commonly known as the plaintiff – to prove their case because their assets tend to be minimal, making them “judgment proof”.
Payments
Civil lawsuits typically end with funds being distributed according to an agreed upon settlement, oftentimes as part of class action lawsuits where multimillion-dollar payouts may be necessary to compensate millions or even billions of Class Members for damages suffered by them. Any unclaimed funds typically go toward charity (known as cy pres recipient). However, in cases involving retailers accused of misleading consumers or engaging in fraud activities any unclaimed money reverts back to them – known as rescission settlement.
If you need pre-settlement funding, reach out to Express Legal Funding immediately for a complimentary consultation!
Judgments
The winning party in a lawsuit receives payment through “judgment.” A judgment can come from various sources: settlement agreements between plaintiff and defendant attorneys; awards by judges or juries after trials determine what is owed by each side to one another; court costs awarded upon victory as well as reimbursement for expenses incurred during prosecution of their cases.
Plaintiffs begin the legal process by filling out a Complaint. This form outlines the details of their case and asks the court for relief in terms of awarding them their claims. Many courts offer samples online or you can obtain one directly at their Court Help Centers or courthouse.
Once a plaintiff files their complaint, the defendant must file an Answer or Counterclaim to explain why they do not believe the Court should award them what is requested by them.
Once both parties have submitted their papers to the court, a date for trial will be scheduled. At trial, each side will present their case to a judge and present witnesses and evidence in support. Once done so, the judge will render his decision according to law and facts of the case.
If the judge rules in favor of the plaintiff, a “money judgment” will be issued against them for their claimed amount. Once this judgment has been issued against them, various collection techniques can be employed against them to collect their debt; for example wages can be garnished (though social security payments and certain other sources cannot). Property such as cars or homes could even be taken back in order to enforce it.
As often happens when judgments are issued against those without sufficient funds to pay, many attorneys advise their clients to file suit even when the individual lacks immediate resources for payment; otherwise interest will accrue daily on unpaid judgments and make matters even worse.