Saturday, August 7, 2010

What happens after a civil court case is finished?

We have almost finished a civil court case against an insurance company. I am confident we will win but can't get the solicitor to tell us what happens next. We have a date for the verdict - presuming we win how long does the insurance company have to appeal? Do they have to pay anything to us before they appeal? (Medical expenses, etc)





It is District Court, NSW, Australia. A car accident that was outside the MAA guidelines. ThanksWhat happens after a civil court case is finished?
The insurance company will have 28 days to appeal to the NSW Court of Appeal. If they appeal they are not required to pay you the amount of the Judgment until the issue is settled before the Court of Appeal. If they loose in the Court of Appeal they will be required to pay your costs associated with the appeal, if they win, you will have to pay their legal costs. The same rule applies to costs with respect to the matter in the District Court.What happens after a civil court case is finished?
In the US, there is a big grey area when it comes to actually collecting money. There are a number of unknowns.





First, if I won a case the other side has 21 days to remit papers to have the amount lowered. I have 21 days to ask for more money.





There are possible appeals. A pending (filing of an) appeal doesn't negate the lower courts order, but it could be postponed.





The solicitor will need to figure out bills and who gets paid, maybe taxes, and compile their expenses.





The looser could go into bankruptcy or ask for a payment schedule or simply refuse to pay (which is unusual for an insurance company b/c they [here] could be on the hook for additional punitive). If they refuse it could take longer. In private suits it is not uncommon for the winning complainant to never get paid until the procedures are done to confiscate assets and then hold a judicial auction.





In all, it could take months at a minimum. These questions are best asked of your counsel. It could be the company brings a blank check to court with them. And your counsel could ask the judge to set a time frame for payment.
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