Have you settled with the defendant’s insurance? If so, you probably signed a waiver from additional lawsuits.
Punitive (a lesson to violator) Compensatory (loss of income) – does the defendant own anything or have any assets?
Most legal fees costs anywhere from 33 to 40 percent of insurance/award, if there is no insurance... you pay for it.
Trials require evidence and if you need reenactments or investigations for your case... you pay for it.
Most defendants will require you hire additional legal representation to receive your award, which... you pay for.
Mediation is often encouraged before a trial. A way to resolve issues without the cost of a trial. Mediation fees are generally split between both parties.
If you decide to go to trial and are awarded money, the insurance is deducted from your reward.