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.
There are usually two ways to get compensation after getting injured:
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.
Once you settle a claim, you sign several documents that mark the ending of the legal process, such as:
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:
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.
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:
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.