The procedure that follows an agreement on settlement terms is not the same as the one that follows a judge’s issuance of a judgment order, as per personal injury lawyer in Fremont.
Procedure after agreement on settlement terms
Smart claimants seek written confirmation of any agreement that that might have been discussed during a phone call. Normally, the 2 disputing parties use the phone to carry out the pre-settlement negotiations. Each claimant should ask, as well, for written confirmation of the date when the promised compensation package ought to be available.
During the next step, claimants simply wait for arrival of the anticipated check. The check from the insurance company could go to a claimant’s lawyer, first. The lawyer would take care of any liens, and take out his or her fee. Then the rest of the money would be placed in a special account, so that the lawyer could send the awaited check to the client/claimant.
How does the procedure that follows a judge’s issuance of a judgment order differ from the one described above?
The legal system does not give a judge in a lower court the final say. The defendant that has been asked to honor the judge’s order has a right to seek an appeal. The details of the appeal process showcase the reason that most accident victims pursue a negotiated settlement.
In fact, the legal system encourages utilization of the process that calls for negotiations, followed by a settlement. Even after 2 disputing parties have initiated litigations, either one of them has the right to state that he or she is ready to settle with those on the opposing side.
At that point, the lawyer of the party that was ready to settle would report the client’s decision to the court. Then the same court would give those 2 disputing parties between 30 and 60 days, a span of time in which they would be expected to come together on settlement terms.
If a trial does not end at an early stage, in the manner described above, then the judge might order the defendant to pay a certain amount of money to the plaintiff. Still, as indicated above, the defendant could appeal that decision. In that case, one of three things could happen:
—-1) the appellate court upholds the judge’s decision.
—-2) the appellate court reverses the judge’s decision.
—-3) the appellate court calls for the scheduling of a new trial.
If the court were to call for a new trial, the plaintiff would need to wait even longer for the funds that had been promised by the judge’s order of judgment, against the defendant. The results of that new trial could determine the size of any compensation package.
