What Happens After a Case Is Settled? | The Law Offices of Sean M. Cleary (2024)

There are usually two ways to get compensation after getting injured:

  • You are offered a settlement, and you accept the proposed deal outside of court.
  • You go through with a civil lawsuit to collect damages.

Settlements are almost always offered when insurance companies are involved in a case and occur when an insurer or defendant makes an offer of payment. The offer may be carried out before any lawsuit has ever been filed, but it may also be made after a case has gone to trial, as long as no final verdict has come back.

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim. Receiving compensation after a settlement for a personal injury claim might take:

  • as little as five working days
  • somewhere between 14 to 28 days

Documents needed after finalizing the settlement

Once you settle a claim, you sign several documents that mark the ending of the legal process, such as:

  • Settlement agreement - represents the contract between the parties, setting forth the terms of their agreed-upon settlement.

In its simplest form, the settlement agreement states that for a specific amount of money paid, the lawsuit is dismissed. In a more complex form, this type of document can stipulate:

  • Payment limits and plans
  • Confidentiality clauses
  • Other terms particular to the claim

Once you sign the settlement agreement, there rarely is a turning back option. Only in exceptional cases of fraud or mutual parties’ mistake can the document be set aside.

  • Full liability release - another important document that can be part of the settlement agreement. It releases any and all claims you as the plaintiff may have against the defendant.

This means that you cannot bring the same claim again against the defendant. Some documents can also stipulate that you are forbidden from bringing any other claim for any issue, at any time, based on any facts or circ*mstances against the defendant.

After these documents are signed, the checks are issued, and your attorney will disburse the settlement money to all necessary entities:

  • You
  • Medical lien holders
  • Themselves for outstanding fees and costs

Settlements can occur after a lawsuit has been filed. In this case, your attorney will file a dismissal with prejudice. If you have more questions regarding settlements or personal injury cases, please contact our Miami-based office, The Law Offices of Sean M. Cleary.

Our founder and principal attorney, Mr. Sean M. Cleary, understands you might have pressing medical bills or need urgent treatment. This is the main reason he fights to obtain a fair settlement for the injuries you sustained and any other expenses you might have. Mr. Cleary works closely with his clients to complete all the settlement paperwork, provide them with legal support to recover the money they deserve, and promptly receive the settlement check.

Call 305.416.9805 Case Evaluation

What Happens After a Case Is Settled? | The Law Offices of Sean M. Cleary (2024)

FAQs

What are the final stages of settlement? ›

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

What happens after you agree to a settlement? ›

Once both parties sign a settlement agreement and it is legally binding, the paperwork will go to whoever is responsible for compensating the victim's damages—usually the at-fault party's insurance company. They have time to review the agreement and approve the payout—or disbursem*nt of funds.

How does the settlement process work? ›

A settlement occurs when the plaintiff and defendant agree that the defendant pays a certain amount in return for the plaintiff dropping the lawsuit. Once a settlement has been reached, the two sides do not proceed to trial. Sometimes an insurance company will make the payment and not an individual defendant.

What does it mean to settle a legal case? ›

Settling a case means ending a dispute before the end of a trial.

What is the final settlement pay? ›

Full and final settlement is the process of paying all of the balances due to a departing employee. It includes the employee's unpaid salary, leave encashment amount, bonuses, gratuity, provident fund contributions, and deductions.

What is the final offer of settlement? ›

Full and final settlement means that you ask your creditors to let you pay a lump sum instead of the full balance you owe on the debt. In return for having a lump-sum payment, the creditor agrees to write off the rest of the debt.

Do you get money from settlements? ›

Settlement payments are usually made as a lump sum payment or as a structured settlement. Lump sum payments are paid all at one time while structured settlements are paid in regular intervals over several years or for the rest of a person's life.

What is settlement payment process? ›

Settlement can be defined as the process of transferring of funds through a central agency, from payer to payee, through participation of their respective banks or custodians of funds.

What to do after settlement? ›

After settlement, your lender will draw down on your loan. This means that they'll debit the amount they've paid at settlement from your loan account. You're then responsible for paying land transfer duty or stamp duty. It's usually paid on the settlement date.

Why do lawyers want you to settle? ›

The main reason that most cases settle out of court is because the outcome is either guaranteed or predictable. However, unlike a trial, settling out of court means that the settlement is not up to a jury or judge to decide. Both parties can come to a mutual agreement without other parties being involved.

Why do judges favor settlements? ›

Settlements can be an efficient way to resolve disputes and can save time, money, and emotional distress for all parties involved. Judges often encourage parties to consider settling their disputes outside of court and may even facilitate settlement negotiations during pre-trial conferences or other court proceedings.

What does settling mean legally? ›

A settlement is a voluntary agreement between two parties that ends a dispute and results in the dismissal of any litigation. A settlement can be beneficial because it speeds up the process of litigation and thereby avoids ongoing legal fees.

What is the last step in the claim settlement process? ›

Now the claims settlement process arrives at its final stage: settling the claims payment. Armed with data from claim investigation stages, each insurance agency puts forth its demand of payment liabilities. Sometimes, if the figures and facts match, the settlement is made quickly and without hiccups.

What is the last possible stage of a lawsuit? ›

If an agreement is reached, the case concludes without proceeding to trial. If settlement negotiations fail or if the case is not resolved through motion practice, the next stage is the trial. During the trial, both parties present their evidence, call witnesses, and make their arguments before a judge or jury.

What is the last day of settlement? ›

The settlement period in India ranges between 1 to 2 days after initiating or executing the transaction. In the case of stocks, bonds and ETFs, SEBI has mandated T+1 days for settling the transaction.

What is the full and final settlement process? ›

Full and Final Settlement in payroll popularly known as FnF Settlement is the process that happens when an employee decides to take an exit from an organization or is terminated by the employer. In this case, the employer has to make a full and final settlement of the due salary including any bonuses or incentives.

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