How Long Until You Receive Payment and Policy Limit

[shawa]

My question involves an injury that occurred in the state of: NC

I just was notified of my court date for an accident I was involved in...its in January 2013...medical bills are 63k...case is going to trial for sure...they only are offering 11k only and final offer...my case is rock solid.

After the jury awards their judgment how soon will I be paid???

My lawyer spoke about finding out the policy limit, but he isn't concerned about it or at least disregarded it when i brought it up. Let's say my judgement from a jury is beyond the policy limit...is it safe to say the insurance company would pay the max amount if the judgement is beyond that off the policy limit, but what happens to the excess portion of the judgement??? How is that portion recouped??? For example, let's say the judgement is 120k but the policy limit is 60k...

Hopefully, the particulars of my case make the policy limit null, but I'm totally naive should things be different. Any help or knowledge would be greatly appreciated!!!

[Mr. Knowitall]

If your case goes to trial and you prevail, it's possible that the defendant will appeal.

The person best positioned to estimate the outcome of trial, whether an appeal or post-judgment settlement is likely, and how long that is likely to take is your lawyer.

You will also have to talk to your lawyer about whether you can put together a viable claim whereby the insurance company may be on the hook for an excess verdict, or if you'll have to separately attempt to collect that from the defendant.

If the policy limit is $60K and the insurance company is only offering $11K, either they disagree that your case is "rock solid" or they agree that they are liable but disgree with what you claim by way of damages.

[shawa]

Yeah their position is I had a pre-existing injury that required treatment they don't want to pay for....its a totally bogus position...they're just trying to lowball me. My doctor has confirmed my treatment was accident related in the paperwork and he's scheduled to do his testimony later this month. It's a totally bogus position...I had treatment about 2 months prior and was released from care, the accident reaggravated that injury along with causing others. My doctor will shoot down their position, no doubt about it.

So let's say there isn't an appeal of the judgement...do you know if there is a timeframe in which I must be paid? I remember my lawyer saying the payment would be in an annuity or something then my medical bills would be negotiated then they'd cut me a check, but he may have said a couple of weeks to take care of that, but he was talking about a settlement.