A favorable verdict is the goal of every Delaware personal injury trial. But getting that verdict turned into actual money in your pocket involves several additional steps. Understanding what happens after the jury speaks helps you set realistic expectations.
The Detailed Answer
After a Delaware jury returns a verdict in your favor, several procedural and practical steps follow.
Entry of Judgment
The court enters formal judgment on the verdict, typically within a few days. Under 6 Del. C. § 2301, prejudgment interest may be added to the judgment. Costs of suit (filing fees, deposition costs, certain expert fees) are also typically taxed against the losing party.
Post-Trial Motions
Under Delaware Superior Court Civil Rule 50(b), the defense may file a motion for judgment as a matter of law. Under Rule 59, the defense may move for a new trial or remittitur (reduction of the verdict). These motions are typically filed within 10 days of judgment and briefed over 60 to 90 days.
Appeal
The defense has 30 days from final judgment to appeal to the Delaware Supreme Court. Appeals typically take 12 to 18 months. The verdict may be paid into court, secured by a supersedeas bond, or the parties may negotiate post-verdict settlement.
Collection
Most Delaware personal injury verdicts are paid by the defendant’s insurance carrier, often without delay. Verdicts exceeding insurance limits require collection from the defendant’s personal assets. Tools include writs of execution, garnishment, and judgment liens on real estate. See collection options.
Distribution of Proceeds
After judgment is paid, your attorney handles distribution. This includes paying medical liens (Medicare, Medicaid, ERISA, hospital), the contingency fee, costs, and the net proceeds to you.
What This Means for Your Case
Trial victory feels like the finish line, but actual payment can take weeks to over a year depending on appeals and collection. Most cases without an appeal are paid within 60 to 90 days. Working with experienced post-trial counsel ensures the verdict is actually collected. Related: prejudgment interest, collateral source rule.
Related Questions
Q: How is the contingency fee calculated?
Typically as a percentage of the gross recovery (often 33-40% depending on stage). The exact terms are set in your retainer agreement.
Q: Do I have to pay back medical bills from the verdict?
Often yes. Medical liens (Medicare, Medicaid, hospital, health insurance) must usually be paid before the net is distributed.
Q: What if the defendant appeals and wins?
The Supreme Court may reverse, modify, or order a new trial. Most personal injury verdicts that survive appellate review remain intact.
When to Talk to a Delaware Personal Injury Lawyer
Post-trial work matters as much as the trial itself. Joseph M. Jachetti has experience handling Delaware post-trial motions, appeals, and collection efforts. Call (302) 984-1000 for a free consultation.
Free Consultation
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
Have a Question About Your Case?
Get a free, confidential consultation with a Delaware attorney.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.