Questions That Claimants Frequently Have Regarding Their Settlement

A settlement is an agreement between a claimant and a representative for the responsible party. Some claimants have questions about the terms of such an agreement. Others seek information on some alternative aspect of such an agreement.

Does a settlement cover the charges that were presented to the claimant in medical bills?

Yes, the money obtained in a settlement should cover all the costs of the treatment that the claimant received, in order to reach the point of maximum medical improvement (MMI). Yet some claimants start to negotiate with the insurance company before reaching the point of MMI. Those same claimants might find that the insurance company has failed to cover all of their needed treatments.

Do I have a right to ask my lawyer for a copy of the settlement check?

Yes, you can ask to for a copy of the settlement check. In addition, you can ask for a copy of the settlement breakdown sheet.

Suppose I elected to take an annuity, but now want a lump sum; would a court agree to such a change?

You could ask the court to change the payout over time (annuity) to a lump sum payment, but few courts grant such a request. As an alternative approach, you could search for a company that purchases structural settlements. Understand, though, that you would lose money by adopting that second approach.

Can a parent gain access to a child’s settlement?

No, the court places the money from the child’s settlement into a trust fund. A parent cannot gain access to that money, unless the same parent plans to use the entrusted funds for the purpose of providing a son or daughter with a necessary level of care.

Can I collect an award if the defendant had no insurance?

The legal system has created a way for plaintiffs to seek an award, even if the person responsible for the injury-causing accident had no insurance. Those same plaintiffs need to enter a judgment with the court. Once a court has granted a judgment, it is up to the plaintiff to see that it is enforced. A plaintiff’s readiness to hire an injury lawyer in Mississauga helps with ensuring the judgment’s enforcement.

Is there a minimum for the size of a settlement?

No, there is no minimum or maximum for a settlement’s size. A fair settlement should reflect specific aspects of the claimant’s case. For instance, it should reflect the nature and extent of the claimant’s damages, along with any other economic losses, such a loss of wages.

Settlements are larger, if the claimant has sustained a permanent change to one or more body parts. If the liability is clear, then that factor also increases the settlement’s final size.

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