A judgment is the outcome of a lawsuit. It is the final decision the judge makes regarding the liabilities and rights of those involved. In personal injury cases, it often includes a demand for the defendant to provide monetary compensation to the plaintiff.
After an injury accident that was the fault of another party, the victim has the right to file a personal injury lawsuit. Occasionally, the insurance company chooses to pay a fair financial award to the victim right away. More frequently, the insurer balks at paying the requested financial award, meaning the victim may end up in negotiations or a court case with the help of a personal injury lawyer.
In a court case where the judge listens to the evidence in the case and renders a decision, the case ends with this judgment decision. The judge could decide in favor of the plaintiff or defendant. If the victim or plaintiff wins the judgment, the judge may also assign a financial award to the victim.
How a Judgment Differs From Other Ways To End Personal Injury Lawsuits
Some people mistakenly believe that the term “judgment” refers to the ending of any type of claim or lawsuit. In reality, different legal proceedings use different terms for their outcomes. When a victim files a personal injury lawsuit, the legal proceeding could end in a judgment or another type of ending, as follows:
Judgment
A judgment in a personal injury lawsuit is an outcome that the judge determines. Frequently, the judgment occurs after a trial where the two sides present evidence. The judge then decides on the outcome. No jury is present when the lawsuit ends with a judgment.
Sometimes, a judge will deliver a judgment in a case without needing a trial. If one side in the case does not respond to filing deadlines, the judge could issue a judgment for the other side without needing a trial.
In a judgment, the judge also determines how much of a financial award (if any) is part of the judgment for the prevailing side. The judgment may specify how the defendant should pay the financial award, such as in a lump sum or in installments.
Settlement
A negotiated settlement is the most common way to bring a personal injury lawsuit to an end. In this situation, the victim files a personal injury lawsuit. However, they begin negotiations before the two sides end up in court for a trial.
If the two sides can agree on an outcome — usually a financial award for the victim in a situation like this — the case doesn’t go to court. Instead, the victim withdraws the lawsuit, and the defendant pays the agreed financial award.
If the two sides cannot agree to a settlement and negotiations break down, the victim could continue taking the lawsuit to trial. As a last effort to avoid court, though, the two sides might agree to bring in a mediator. This neutral third party attempts to help the two sides come to a settlement without going to trial.
No appeal is possible once a victim agrees to a settlement in the case. Additionally, the victim cannot ask for more money later if they believe the settlement is too small because of a new injury diagnosis. When both sides officially agree to the settlement, the case ends and cannot go through another negotiating session.
How a Settlement and Judgment Compare
Most personal injury attorneys prefer to complete a case through a settlement instead of seeking a judgment. The settlement gives the victim a financial award faster than going through a trial.
Because the settlement involves negotiations, the victim could potentially win a larger financial award by taking the case to court. There is no give and take on the outcome in court as with a settlement.
However, if the case goes to court, the victim has no guarantee of winning any financial award. The outcome of a settlement is a sure thing because the two sides agree on it.
Verdict
When a personal injury lawsuit ends with a verdict, a jury decides the trial’s outcome. If the jury rules in favor of the victim in an injury lawsuit, the jury would also determine the financial award for the victim.
How a Verdict and Judgment Compare
The verdict and judgment in a personal injury lawsuit are nearly identical. The primary difference is that the verdict comes in a trial with a jury’s decision, while the judgment occurs only in a trial with a judge’s decision.
Contact our team today so we can fight to help you get the compensation you deserve.
Is a Judgment the Final Step in the Injury Lawsuit?
In many cases, the judgment is the last step in the lawsuit. However, if the side that lost the judgment believes the judge made the ruling in error or did not follow proper rules, that side could appeal the judgment. Either side could appeal a verdict from a jury, too.
If one side files an appeal, a higher court would review the findings from the lower court. If the higher court decides that the original judgment occurred after errors in applying the law, it could invalidate the original judgment. The higher court also could affirm the original judgment.
Accident Hotline Can Help With Your Personal Injury Lawsuit
Although the majority of cases conclude with a settlement reached through negotiations, some injury claims need to go to court. If the case goes to trial, winning a judgment becomes the goal for the victim in the personal injury lawsuit. Both parties agree to abide by the law judge’s ruling in the case.
Going to court can be unsettling for the injury accident victim, but having the help of a trusted personal injury attorney can simplify the process. The team at Accident Hotline is ready to help with your personal injury case by providing advice. Accident Hotline can connect you with a car accident attorney who will seek a favorable judgment in the case. Call Accident Hotline today at (888) 340-7454 for a free consultation about the multiple practice areas available for representation.
For a free consultation, call 888-340-7454