QUESTION
Does that mean a settlement in a civil case has been reached if a preacipe to settle and discontinue has beed filed?
Asked on Dec 05th, 2013 on Automobile Accidents - Indiana
More details to this question:
My family has a pending civil case with an auto maker in the death of my father for faulty equipment. I noticed that a preacipe to settle and discontinue has been filed at the courthouse . Does this mean they have reached a settlement? The case was in the final stages, and all information, reports, etc had been presented in the past few weeks to the auto maker. The plaintiffs in the case are my step mother and my deceased father. There is an estate opened as well. If a settlement is reached in this case, will the settlement go into the estate to be divided, or will it go directly to my step mother? how does that work?
7 ANSWERS
1 Award
The lawyer who is representing your father's estate and your stepmother should be able to answer your questions.
Answered on Dec 11th, 2013 at 5:20 PM
Edwin K. Niles
If you have a lawyer why are you posting here? What is a preacipe?
Answered on Dec 11th, 2013 at 5:12 AM
Ronald A. Steinberg
It appears to suggest that a settlement has been reached and they are going to put the terms on the record before the judge. Then, after the money has been paid, the case will be officially dismissed or the settlement will be filed as a judgment with the court.
Answered on Dec 11th, 2013 at 5:04 AM
4 Awards
This is a complex situation with a number of questions that would need to be answered in order to provide you with a proper response. You really should consult an attorney since substantial rights are involved.
Answered on Dec 06th, 2013 at 7:53 PM
Bankruptcy Law Attorney serving Saugus, MA
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Nicholas L. Triantos Attorney at Law
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Would need to see your documents.
Answered on Dec 06th, 2013 at 7:53 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Any funds from a settlement normally will be paid into the estate. Not enough info generally. Did you file a civil lawsuit here, elsewhere? Is this part of a class action? Tell me more about the suit, where filed etc.
Answered on Dec 06th, 2013 at 7:53 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, the spouse, children and parents of the decedent all have claims. The division of settlement proceeds is subject to negotiation among all these beneficiaries. You might want to talk with a lawyer yourself. Good luck.
Answered on Dec 06th, 2013 at 7:53 PM