Here's Some Really Bad Money News for the Plaintiff: It Can Take a Long Time Before They See Any Payment from the Defendant
Once the injured party (the future Client/Plaintiff) decides to seek a legal remedy (sue) to receive a monetary award for their injuries, it can be a relatively long time before they see any money.
Consider the following two positive outcomes:
(1) The Plaintiff receives and accepts a settlement offer or
(2) The plaintiff receives a judgment after spending time in court. Both of these outcomes will be discussed later in the Course in more detail, but neither of them will provide a quick relief of any of the Plaintiff’s money worries.
For example, the settlement process requires the lawyer to identify the Defendant(s), reach a provable conclusion that the injuries were the Defendant’s fault and then begin the judicial process by filing documents with the court, discovering the evidence to be used against the Defendant, and then, in most cases, receiving a date (sometimes with a number of continuances) to go to trial, when at that point, the Defendant finally makes some type of settlement offer. (Also, during this time period, there may be a court ordered “dispute resolution” under the guise of “arbitration” or “mediation”. Whatever it’s called, it is just another way to get to a settlement before trial.) Please be very aware that the Defendant, at the very same time, is doing everything in their power to delay the whole process (it is no coincidence that the longer the delay, the more the Defendant’s lawyers get paid.) These steps are the usual “dance” taken by both sides in a legal action and that dance can take as long as several years….and in this situation, the Plaintiff didn’t even make it into court.
The judgment outcome, however, does involve the Plaintiff going to court and, sometimes, it involves a number of trials or hearings in a number of courts, based upon an appeal being filed. If the settlement outcome, which does not involve going to court and is considered as some type of “shortcut to the money” for many, can take up to several years to run its course, just imagine the length of time the judgment outcome can take.
As can be seen, there is no shortcut in the judicial system to a money payment…but there is another shortcut and you already know what it is.