Such a settlement represents an agreement between the opposing parties. According to the agreement, the defendant pays the plaintiff a certain amount of money in return for the plaintiff’s promise to end the lawsuit.
Basic features of lawsuit
Pursuit of a lawsuit starts with the filing on a complaint by the accident victim, the potential plaintiff. Most plaintiffs retain a personal injury lawyer in Brampton.
The lawyer questions witness during the deposition, and again during any scheduled trial. The opposing parties exchange evidence during the deposition. If there is no settlement at the end of the deposition, the court schedules a trial.
During the trial the lawyers for both sides present an opening and closing statement. The questioning of witnesses takes place during the span of time between the opening and closing statements. Both parties have a right to propose a settlement at any time during the part of the trial that precedes the verdict.
In order to obtain a fair settlement, a smart plaintiff refuses any offer that falls below a minimum amount. The size of that minimum amount should be one that the plaintiff has in his or her head. Once the jury has announced the verdict, neither side enjoys a chance to propose a settlement.
What a plaintiff should expect in an offer
Any offer that has been made soon after the accident is normally quite low. Smart plaintiffs do not accept such offers.
At the end of negotiations, if the opposing parties have failed to agree on settlement terms, the defendant and the defendant’s legal team could make an offer at any time during the discovery session or during the portion of the trial that comes before the verdict.
A plaintiff’s lawyer should have answers to specific questions, before he or she encourages a client to accept an offer
• How long will it take for the injured client to recover?
• Will the client suffer any lifelong consequences, as a result of his or her injury?
• Has the client’s physician written a diagnosis in the patient/client’s medical record?
The answers to those questions should indicate whether or not the lawyer’s client might need future medical treatments for the accident-linked injuries. Lawyers do not settle, if there is such a need.
What happens after the settlement?
The defendant’s insurance company sends a release form to the plaintiff’s attorney. If the attorney feels satisfied with the form, he or she asks the recovered client to sign it.
The same insurance company sends the settlement check to the client’s attorney. It then becomes the attorney’s job to pay off any liens, and to take out the agreed-upon contingency fee. The attorney’s final job consists of sending the remaining funds to the waiting client.
