Legal Question in Personal Injury in Texas
Default judgement
Our atty is going to court for a default judgement and says that this is in our favor. What exactly is this and will it delay the ''process'' of closing the case and diminish the monetary settlement? Thx in advance.
1 Answer from Attorneys
Re: Default judgement
Getting a default judgment is somewhat comparable to a monopoly board "Go to jail" and "do not pass go." In other words, if the defendant does not answer, you may be able to get a judgment without a trial. There are some exceptions such as the necessity to prove "unliquidated damages" such as in a personal injury case, but even then you would not have to prove fault or liability.
If you are adverse to taking a default judgment, then with consent of the court, you can prove up your full case, for which your attorney would be grateful (unless he is being paid by a contingency fee).