A dispute gets started when the victim of an accident claims that another party has damaged the victim’s property, or has done harm to the victim’s body. If the disputing parties agree on the amount of money to be paid the victim, as compensation, then the dispute/case has been settled.
Possible reasons why one party might make an offer, in hopes of reaching a settlement with the opposing party. The person making that initial offer thinks that it appears likely that the other party’s chances for winning some amount of compensation seem quite good. Both parties want the dispute to end quickly. Neither side wants to devote time and effort to litigation.
Issues covered in a settlement:
• Size of compensation being awarded to the victim
• Size of legal fees charged the defendant
• Details on the ability or lack of ability for the plaintiff to introduce further liability charges against the defendant in the future.
• When and how payments will be made to the victim.
• Consequences faced by defendant, if he or she breaches the agreement.
How do the rules laid out in a settlement get enforced?
If the settlement agreement gets presented to a judge, then it can be enforced in the way that the provisions in any legally binding document would be enforced.Enforcement would entail more than just making sure that the defendant has made the expected payments. The agreement created at the time when the dispute got settled normally places restrictions on the plaintiff. The plaintiff cannot suddenly re-initiate an old personal injury claim.
A judge would not accept such a claim, if the plaintiff tried to submit it. The judge would enforce the legally-binding document, the one created when the 2 side settled their dispute.
What is a partial settlement?
That is the legal term that is used for a situation in which the 2 sides settle some of the issues that created the dispute. Still, the same 2 sides fail to agree on specific other issues. Consequently, the disputed issues must get argued in court. Ideally, that litigation encourages, ultimately, the creation of a settlement.
Usually, there is a lot of negotiations between the defendant and the plaintiff and their respective personal injury lawyers in St. Albert & Spruce Grove. One of the parties may suggest a settlement amount which the other party may not agree to. And that is why often mediation is needed to settle the claim out of court. Thus, after that the parties have to respond by accepting the new offer or giving a counter-offer. Oftentimes, the settlement calculations are dependent on other ancillary factors such as:
• Willingness of the at-fault party to pay a specific amount
• Time and money saved by both parties if the claim is settled by mediation
• Regulations as per the laws of the province