Settlement: Legal Definition
Posted on January 31, 2019 | Categorized:
A settlement is a legal contract between two disputing parties that resolves the claim. A settlement may be reached before or after a case goes to court. There are several different types of settlements, including civil and criminal settlements.
A civil settlement is a legal contract agreed on by both parties in a civil case. In most civil cases, the plaintiff agrees not to take the claim to court or to drop the claim in court in exchange for the certainties laid out in the contract.
Common Inclusions in a Civil Settlement
A civil settlement contract lays out the legal requirements for both sides of the case. This may include the plaintiff dismissing their case in court, paying a sum of money and absolving the defendant of additional responsibilities.
Each settlement is unique, but may include:
- The scope of release: Outlines the specific claims the plaintiff is released from and who is released from those claims.
- Contingencies: Includes details such as how payments will be administered, the time frame in which specific steps must be completed, etc.
- Enforcement details: Outlines what happens if one or both sides do not hold up their end of the contract.
A civil settlement is enforceable by law, and each side can be held responsible for breaching the contract in a court of law.
The Benefits of Reaching a Settlement
In civil cases, settling is often in the best interests of both parties.
Reaching a settlement allows both sides to avoid additional legal fees and usually results in a faster resolution of the case.
A criminal settlement is also known as a plea bargain. These types of settlement differ from civil cases in several ways, including the ability of a judge to nullify the settlement.
In criminal cases, both sides agree to a settlement of the charges. Inclusions may include pleading to a lesser charge, the agreement to a specific sentence, or agreeing to treatment. The details will depend upon the details of the case.
Before You Agree to a Settlement, Contact Chalik & Chalik Injury Lawyers
Insurances companies are often eager to settle cases with injury victims quickly. They know you are venerable and may not be a legal expert. If they can get you to sign away your rights quickly, they can save money.
You always have the right to consult a personal injury lawyer before signing a claim.
If you have been injured and are facing a settlement, you have legal rights. At Chalik & Chalik Injury Lawyers, we understand how difficult the legal process can be for the victims and their families.
Our team is dedicated to helping families like yours secure the financial compensation you deserve. Contact our legal team today at 855-529-0269 to discuss your case.