What happens after a case is settled?

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 circumstances 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.