Winning a personal injury case is a great first step, but unfortunately for many, the legal battle is not yet over. If you've won a case but are having trouble collecting your owed dues, there are a number of ways you may be able to receive compensation.

Conduct a Discovery

If the defendant in the case (now known as the debtor) claims inability to pay the judgement issued by the court, you can perform something called a discovery.

The process of discovery includes demand for financial documentation, requests for admissions of assets, and physical inspection of assets. This process will help your lawyer to see the full financial picture of what the debtor can pay towards your settlement. The discovery period can be used to prove income and assets of the debtor, and can even find assets that have been hidden so as to avoid seizure.

Request Seizure of Assets

As mentioned above, the discovery process can help to give your attorney a financial overview of where the debtor stands. If the debtor is found to hold certain assets and cannot pay the settlement in other ways, seizure of assets can result.

After performing the discovery, your attorney should have solid proof of your debtor's income and assets. This proof can be used to request seizure of assets from the debtor. A judge will usually look over the documents your attorney has collected and approve or deny the request. Common assets include business and other bank accounts, property, and even jointly-owned assets.

Request Wage Garnishment

While garnishment won't lead to a lump sum payment, it can help you to collect your settlement little by little.

Garnishment is used when the debtor doesn't have any (or many) seizable assets. In order to convince the judge that garnishment is required, you will have to show proof that the debtor has missed payments that you are owed. Your lawyer can help you to collect necessary documents for this proceeding, such as the original judgement showing the amount owed to you and the process by which you will receive your compensation. The percentage that can be garnished each pay period will be determined by a number of factors, but it can generally not be above 25% of the debtor's disposable income.

Winning a personal injury case is a great victory, but for many, there's still a way to go before receiving what they deserve. If you've been awarded a settlement but the debtor is not paying, you do have a few avenues to explore. Consult with your personal injury attorney to learn more about your specific case and what you can do to receive the compensation you deserve. 

To learn more, contact a personal injury lawyer like Gomez May LLP.