What is an Out-of-Court Settlement?
An Out-of-Court Settlement involves a matter being settled before a trial. According to Cornell Law School’s Legal Information Institute, it is “an agreement that ends a dispute and results in the voluntary dismissal of any related litigation.” It is a voluntary agreement that is considered legally-binding. When a settlement is reached, the related case is permanently dismissed, and any ongoing or upcoming trial must not occur or end.
Regardless of whether either party gets their desired terms in a settlement agreement, many choose to keep them private. The terms of an out-of-court settlement do not need to be disclosed to the public. They are typically negotiated by the parties’ lawyers, not the parties themselves.
Most legal disputes are settled outside of court rather than at trial. There are several different ways that settlements are decided, such as mediation, arbitration, or general negotiation. The result of a settlement is often one party paying the other a fraction of their original claim. However, one party settling and agreeing to make a payment is not an admission for fault. For instance, in a negligence case, the original defendant agreeing to pay the plaintiff part of their claim in an out-of-court settlement does not mean an acceptance of liability. The dismissal of a trial in a settlement also dismisses any guilt in a criminal case or liability in a civil case.
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Who Gets the Money in a Wrongful Death Lawsuit?
If you have recently lost a loved one in a tragic accident, you may be wondering how a wrongful death claim works and who gets the money. Wrongful death settlements are paid to the family members following a victim’s death due to someone else’s negligence. When an immediate family member, like a parent or spouse, dies, there is a huge financial and emotional impact. Wrongful death suits work to provide financial support to those who were dependent on the decedent.
Understanding Wrongful Death Lawsuits
Wrongful death claims are a type of civil lawsuit where a deceased person’s surviving family members can recover damages if their loved one’s death was the result of another person’s wrongful act, neglect, unlawful violence, or negligence. While the most common wrongful death lawsuits are related to car accidents and motorcycle accidents, many other fatal accidents are appropriate for this type of lawsuit, […]
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What is a Traumatic Brain Injury?
Traumatic Brain Injury (TBI) is more than just a momentary crisis; it’s a life-altering event with severe consequences that can last a lifetime. The physical and emotional toll can be immense, impacting not only the individual but their family as well. Medical bills can pile up, and the road to recovery can be long and uncertain.
In such trying times, legal help isn’t just an option—it’s a necessity. By hiring a specialized Bensalem traumatic brain injury lawyer from Munley Law, they can navigate the complexities of TBI cases, ensuring the best possible outcome for those affected. Contact us today to schedule a free consultation.
The Impact of a Traumatic Brain Injury
The repercussions of traumatic brain injury are far-reaching and deeply concerning. Physically, victims may suffer from debilitating headaches, memory loss, and even long-term disability. […]
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