How Do You Collect a Florida Personal Injury Judgment or Settlement?

The goal of any Florida personal injury claim is financial compensation. For example, if you are injured in a car accident caused by a negligent driver, you want that driver to pay for your medical bills and other accident-related losses. But even if you manage to obtain a personal injury judgment, how do you actually go about collecting the money owed to you?

Settlements vs. Judgments

The reality is that most Florida personal injury cases are resolved through a negotiated settlement as opposed to a judgment issued following a civil trial. And most negotiated settlements do not involve the negligent defendant directly but rather their insurance company. So in the case of a car accident, the insurance company of the driver who hit you may reach out and offer to settle your claim for the limits of the driver’s policy.

Accepting a settlement can mean receiving less than the full amount of your personal injury claim if you succeed at trial. Of course, there is no guarantee you will prevail at trial. This is precisely why many people decide to settle for a certain amount of money now. Keep in mind, however, that a settlement agreement is a binding contract. So if the defendant or their insurance company fails to pay what they agreed to, you can take steps to enforce the contract in court or even pursue a personal injury lawsuit.

Seizing the Defendant’s Property

If you do go through the process of obtaining a personal injury judgment against a defendant, and their insurance is not enough to cover the entire amount, the next step is generally to see if the defendant has any assets subject to creditor collection. Florida law exempts certain types of property from judgment creditors. For instance, you generally cannot seize a defendant’s primary residence to pay a personal injury judgment. But any personal property not protected by exemption is fair game for collection.

The first step in the collections process is identifying any assets subject to collection. Once you have a personal injury judgment, you can require the defendant to testify under oath about their assets. If there are assets that can be seized to pay your judgment, the next step is to file a judgment lien with the Florida Secretary of State. The local sheriff’s office can then seize any non-exempt real estate or tangible personal property (i.e., anything you can physically move), which can then be sold to pay off your judgment. If there are multiple creditors who need to be paid, the sheriff will pay them in the order that any judgment liens were filed. Any funds that remain after paying all creditors are then returned to the debtor.

Contact a Miami Personal Injury Lawyer Today

It usually takes time before an accident victim receives compensation for their losses. By working with an experienced Miami personal injury lawyer, however, you can substantially improve your chances for getting paid sooner rather than later. If you need to speak with an attorney about your case, contact Pita Weber Del Prado today at 305-670-2889 to schedule a free consultation.