You had an accident in Washington, DC, and sustained an injury due to someone’s negligence or intentional actions. To recover your losses, you filed a claim against them, for which they refused to take responsibility. As a result, you took them to court and won; the court ruled in your favor, awarding you even more than your initial settlement offer.

However, although you have received a court document stating that the defendant owes you, the court cannot get the money for you. “In getting your money, you may encounter some challenges,” says Personal Injury Attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP.

Therefore, here are some of the barriers you may face when trying to get your personal injury award in DC.

The Defendant Is a Corporation

Getting your money is still easy if the defendant is one person, but when it is a corporation, it is harder. If you are lucky, the corporation may pay up; otherwise, they will appeal the decision.

On the other hand, the corporation may not have much money, and you have to go after the owners directly. However, you can only go after them directly if there is no distinction between the corporation and the owner.

The Defendant Can No Longer Access Their Assets

You may face this barrier if the defendant is getting divorced and their ex-spouse manages the property without them. Naturally, that means the defendant no longer has access to the funds they would have used to pay you.

However, in some states, the debt may be split evenly between the separating spouses, and you get your money. Or, you may be required to wait until after the finalization of the divorce to know which spouse to collect from.

The Defendant Is a Trust Beneficiary

Generally, trusts work such that one party holds it until the beneficiary is ready to collect it. If the defendant is a beneficiary of the trust but has no access to it, it can be difficult to access it. In some cases, you may have to wait until the creator dies, depending on the type of trust, before you get your money.

If you have time, you can wait, but we understand that you cannot wait forever; no one can. However, depending on the circumstances, such as in hit-and-run cases, DC may allow the plaintiff access to the trust. Alternatively, if you can prove the defendant created the trust to avoid paying you, DC will allow you access.

The Defendant Declares Bankruptcy

If the defendant in your personal injury claim declares bankruptcy, they must list you on their bankruptcy documents. Unless the defendant names you as a creditor on their bankruptcy documents, your claim will not be dischargeable. However, if they correctly list you as a creditor, you have different options for getting your money, depending on the type of bankruptcy they file.

For example, your claim will likely be discharged in a Chapter 7 bankruptcy, but it is harder in a Chapter 11 case. If the defendant is a corporation and is restructuring, you may not get your money, or you may have to wait a long time to get it.

How to Collect Your Personal Injury Damages Award in Washington, DC

How you get your award in a personal injury litigation in Washington, DC, depends on the circumstances of your case. Generally, once the court has entered the judgment against the defendant, you are free to receive the money awarded. However, the process may not be as smooth as you want it, especially since the court usually does not enforce payment.

Sometimes, you may need to enforce payment, especially when the defendant refuses to pay voluntarily or arrange a payment plan. Here are methods you can use to force the defendant to pay the awarded personal injury judgment:

• Placing a lien on the defendant’s non-exempt real estate
• Having the sheriff seize their property, levy it, sell it, and pay you from the sale proceeds
• Garnishing the defendant’s bank account, unless it is jointly held with someone who has nothing to do with the judgment
• Garnishing part of the defendant’s wages

Conclusion

Collecting a personal injury award is not always straightforward, but knowing the potential obstacles ahead of time can help you prepare. Working with an experienced attorney can make the process smoother and improve your chances of receiving the compensation you deserve.