In Texas, if you win your case, liable parties and their insurance companies are responsible for paying your court judgment. The liable party is the person, business, or entity whose negligent actions caused your injury and subsequent losses.
Generally, the money you recover will likely be paid out by an insurance company covering the at-fault party. Sometimes, you may need help from a personal injury attorney to collect fully on your court judgment.
Beyond the Judgment: Challenges of Collection
Many cases begin with personal injury claims against a negligent party’s liability or other insurance coverage. Depending on the type of accident, this may be an auto, property, or business insurance claim.
A personal injury lawyer will work to negotiate a full and fair settlement with the insurer. If they cannot reach an agreement, the victim may decide to file suit.
If you win your personal injury case, you will then need to collect the money awarded in your judgment. This process can often be challenging, especially if your judgment is high and the at-fault party has limited financial resources. However, an experienced attorney can help you identify all potential means to pursue full compensation, such as:
Insurance Coverage
A lawyer can help you recover as much of your judgment as possible through the at-fault party’s applicable insurance policy. The policy limits may restrict how much you can secure. For example, a policy with a limit of $50,000 can only pay $50,000, even if the judgment is for twice that. In addition, insurance companies sometimes employ delays or bad-faith tactics that a lawyer can combat so you receive fair compensation.
Personal Assets
A personal injury lawyer may help you collect any excess money owed to you through the liable party’s personal assets. This process starts by filing a post-judgment discovery to see what property the responsible party possesses that may have value. A lawyer can then:
- File a judgment lien – If the at-fault party sells non-exempt property, a judgment lien allows you to collect the amount of your judgment from the proceeds. A lawyer can help you identify and pursue liens against eligible real estate and personal property.
- File a turnover order – A turnover order requests that the liable party relinquish property that cannot be obtained through lien or garnishment. Law enforcement will sell the property and remit the proceeds to you.
- File a writ of execution – An attorney can file a writ of execution asking law enforcement to seize the liable party’s non-exempt property and deliver the proceeds from its sale to you.
Wage Garnishment
In Texas, you cannot garnish a responsible party’s wages, but you can garnish their bank account. A lawyer can prepare and file a writ of garnishment and guide you through garnishment procedures.
Differences Between a Settlement and a Judgment
A settlement is a written agreement for compensation made between parties involved in a personal injury claim. A judgment is the compensation awarded to a victim by a judge or jury in civil court.
Parties can agree to a settlement via negotiations at any time before the court renders a verdict. Once signed, a settlement is not alterable. However, a judgment can be appealed.
How Long Do You Have to Collect Payment on a Personal Injury Judgment?
According to Texas law, you have two years from the date of the injury to file a personal injury lawsuit in civil court. If you do not file your lawsuit before the statute of limitations expires, the court will likely refuse your case.
If you win the suit, most judgments are valid for 10 years. You can ask for an extension if you do not receive payment within this timeframe. If you do not renew the judgment, it becomes dormant. You generally have two years to try to revive a dormant judgment.
If you have a severe injury, you likely cannot wait a decade for compensation to pay for your medical treatment and other losses. An experienced personal injury lawyer can oversee the collection process by acting quickly while you recover from your injuries. An attorney can also assist if the at-fault party appeals the verdict.
Get Legal Help from Our Experienced Personal Injury Lawyers in Dallas
At Kraft & Associates, Attorneys at Law, P.C., we can help you seek fair personal injury compensation and collect the judgment owed to you.
Our law firm has fought for clients in Dallas and across Texas since 1971. We know what it takes to support you and secure the awards you need and deserve. Our experienced and compassionate legal team has extensive knowledge of case law we can use to protect your rights and future.
We will:
- Investigate the accident that caused your injury
- Collect evidence to determine liability
- Identify and calculate your losses
- Review your personal injury case and discuss your options for pursuing compensation
- Prepare and file insurance claims and court paperwork
- Aggressively negotiate for the maximum possible insurance or pre-trial settlement
- Represent you at trial if necessary
- Help you collect your personal injury judgment
- Provide reliable communication and support throughout the legal process
