A plaintiff once he or she has won a case concerning personal injury in a court of law or by other arrangements by use of an attorney they are entitled to compensation. So, how long does it take to receive compensation after accepting the offer?
This compensation is a claim for the personal injury caused by the defendant either voluntarily or accidentally and they owed them a duty of care.
The plaintiff during the case has to show the extent to which the compensation is worth before the court or any other authority arrangement so that once the ruling is decided an offer is made for the compensation by the judge or jury.
A compensation or offer for the damages caused should be to the extent to which the damages are worth.
It’s not made to upraise the financial status of the plaintiff but is compensation only for the damages caused.
This hence means that as the judge or jury declares the offer for compensation it should be worth the damage.
However, the plaintiff at times may feel that they have not been properly compensated. This hence means that they can appeal on the basis of the offer for a higher one that they feel comfortable one provided it is not exaggerated.
Once the offer is made by the court or outside court it’s your turn to accept it as a settlement of compensation. This, however, doesn’t mean that you will walk out of with a bag full of money as your compensation. It will take a couple of days depending on a number of issues. These issues vary from case to case and hence you have to know the details to it.
Here are some of the answers to how long does it take to receive an offer of compensation:
The court is the most formal place to take your case for effective compensation. This is because its a system governed by laws that have to be followed and rulings by the court are termed to be fair and just.
Once you bring the case to court by the use of a lawyer and win it you will be given an offer for compensation. If you accept it as a settlement the judge has to stipulate the date to which you should receive it. This can be on a range basis from the day the ruling is made. On most cases in such a scenario, the defendant is given 21days to have paid the amount. This has to be paid in full by that date. The defendant is allowed to pay in installments before the 21days elapses.
However, if the failure to abide by this, you have no reason to worry as there is a legal liability to it. All you need to do is let your attorney get to court and declare that you were not compensated and legal action will be taken.
Outside the court
There are some cases that do not really need to be taken to court. This is because both parties have decided to settle the issue outside the court.
It can be because courts may ruin the reputation of both parties, its a matter of a case between family members, the incidence is simple and doesn’t require court proceedings or it may be too expensive for both to hire lawyers.
This means that you can actually settle it outside court if both of you are of the idea and have a neutral party to make a ruling. Once the issue is raised and the matter is settled and an offer of compensation the person who won the case has to accept it first as compensation. After acceptance, the other party is given up to 14 days to pay the offer as compensation.
However, this can vary in terms of the days or deadline of payment. This means that it can take a longer period provided there is an understanding between the two parties.
In a case where the offer was made and agreed upon but was not honored, the party that won the case can raise the issue now to court. They should prove that they tried to settle the issue outside the court and a ruling on compensation was made but wasn’t paid.
A claim involving a foreign insurance company
In some cases, the defendant may be insured by a foreign company or works for a foreign company that has insurance elsewhere. This means that if they cause injury to one as they are working for the company and its the company is to pay the offer of compensation.
If they are insured by an abroad company and wish that they pay instead its also possible as they have a binding agreement with them. This process, however, can be quite lengthy at times depending on the insurance company.
Some of them are quite fast and can process the offer brought to them by your attorney in a week or two. These are the big companies mostly that do not want long lengthy court procedures that would tarnish their names.
The other companies may take a month but will still pay and if not paid you have a right to claim it still.
Can the claim delay if the other party doesn’t accept what they are entitled to pay?
This is a good question to pose and think about. How about if the defendant doesn’t feel that there was a fair trial in the case based on what they are to pay? Do they just sit down and pay the amount or can they also counter the offer?
A defendant has a right to appeal to what has been declared as payment of an offer for compensation within 5 days of the ruling. This means that they have to go back to court and the judge to make another offer.