Accident Claim Lawyers
LegalUpdated September 2026

Consent judgments in injury cases

In plain English: a consent judgment is a court judgment that both sides have agreed to. Instead of a judge deciding who wins after a trial, the parties settle and ask the court to record the deal as a formal judgment or order.

How it differs from an ordinary settlement

Most injury settlements are private. You sign a release, the insurer pays, and the lawsuit (if there is one) is dismissed. Nothing about the terms goes into a court order. A consent judgment is different: the agreed outcome becomes an order of the court. If the other side doesn't pay, you can enforce it like any other judgment rather than having to sue again for breach of the settlement.

When it's used

  • Payment over time. If a defendant, especially one without insurance, agrees to pay in instalments, a judgment gives you something to enforce if payments stop.
  • Uninsured or underinsured defendants. A judgment may be needed to claim from certain funds or to pursue personal assets.
  • Settlements for children and people lacking capacity. Courts usually have to approve these so the money is protected. In the US this is often called a minor's compromise; in England and Wales there is an approval hearing under the court rules; Canadian provinces have similar requirements.
  • Cases already deep in litigation, where recording the outcome as an order is the tidiest way to end things.

Names you might see

In the US, you may hear agreed judgment, stipulated judgment or, in some types of case, consent decree. In England and Wales, settlements are often recorded in a consent order, or a Tomlin order, which pauses the case on terms set out in a schedule that can be enforced without starting a new claim. Canadian courts use consent judgments and consent orders too.

It's hard to undo

Because you agreed to it, you usually can't appeal a consent judgment. Setting it aside normally requires something serious such as fraud or a fundamental mistake. Check every figure and condition before your lawyer signs off.

What to check before you agree

  1. The exact amount, and whether it includes or excludes costs and interest.
  2. When payment is due and what happens if it's late.
  3. How medical liens, benefits repayments or subrogation claims will be handled.
  4. Whether it covers all defendants or leaves any claims open.
  5. Whether any public record of the judgment matters to you.
Example

A small business with no liability insurance agrees to pay your claim in monthly instalments. Recording the deal as a consent judgment means that if payments stop after month four, your lawyer can move straight to enforcement.

Next: settlement vs trial · structured settlement · compensation.

Related terms

Contingency FeeA contingency fee means your lawyer is paid a percentage of what you recover.Contributory NegligenceContributory negligence means you were partly responsible for your own injury.DamagesDamages are the money a court or insurer pays to compensate you for harm caused by someone else.DefendantThe defendant is the person, company or public body you bring a claim or lawsuit against.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer