What Happens If a Defendant Refuses to Pay a Personal Injury Settlement?
A personal injury settlement is a legal agreement between the plaintiff (the injured party) and the defendant (the person or entity responsible for the injury). This agreement typically involves a monetary compensation awarded to the plaintiff for damages such as medical bills, loss of income, pain and suffering, among others. However, a situation may arise where a defendant refuses to pay this agreed-upon settlement. The consequences of such an action can be serious and could potentially lead to further legal complications.
If a defendant refuses to pay a personal injury settlement, it’s considered as breach of contract. When parties agree on a settlement amount during negotiations or mediation before trial, they enter into legally binding contracts enforceable by law. If one party does not hold up their end of the deal by failing to make payment in accordance with the terms set forth in this contract, they are essentially breaching that contract.
In response to this breach of contract, plaintiffs have several options available. They may opt to file a lawsuit against the defendant for non-payment. In such cases, courts generally favor plaintiffs since defendants have already admitted liability by agreeing on settling claims initially.
Additionally, if judgement has been entered formalizing the agreement reached in court or out-of-court settlements then it becomes enforceable like any other court judgement. Plaintiffs can request courts for wage garnishment or property liens against defendants who fail to honor these judgments.
However, there are also instances where defendants genuinely cannot afford paying settlements due their financial circumstances. In these cases too legal recourse is available but might not always result in full recovery of owed amounts due limitations imposed by bankruptcy laws protecting certain assets from being seized as part of debt recovery proceedings.
While enforcing payment agreements can be complex and time-consuming process requiring assistance from skilled attorneys familiar with local laws governing enforcement procedures; it’s important that victims understand their rights when faced with non-compliant defendants refusing honoring their commitments post-settlements.
It should be noted that the legal process could potentially be long and arduous. It may also involve additional costs, including attorney fees and court costs. However, it is important for plaintiffs to understand that they have rights and legal avenues available to them in such situations.
In conclusion, if a defendant refuses to pay a personal injury settlement, there are serious consequences at stake. This refusal is not only unlawful but can lead to further legal action against the defendant. Therefore, it’s crucial for both parties involved in a personal injury settlement agreement to fully understand their obligations under the law and fulfill them accordingly.
Munley Law Personal Injury Attorneys
41 N Main St, Carbondale, PA 18407
15702802502