QUESTION
What happens next after honoring a settlement request?
Asked on Mar 27th, 2013 on Personal Injury - Michigan
More details to this question:
If the defendant asks you for a dollar amount that you would settle for and you give him that amount, what should you expect next and how long do you have to wait?
14 ANSWERS
Ronald A. Steinberg
They will counter offer. It can take forever. You could end up going to court. Just because you want a certain amount of money does not mean that your case is worth it or that the insurance company is willing to pay it.
Answered on Apr 02nd, 2013 at 12:01 AM
You need a written settlement agreement and release. You could give the defendant a deadline after which you will rescind the acceptance of the offer.
Answered on Apr 01st, 2013 at 2:17 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Next, the Defendant will either offer that amount or decline to settle for that amount. This could take a few days to a few months. If the defendant refuses to pay what is asked, the defendant then might make a counteroffer, but this is not always the case.
Answered on Mar 27th, 2013 at 3:53 PM
Christian Joseph Menard
Understand you have no settlement with the defendant unless and until he agrees to your figure in writing or in open court. You have made the defendant an offer which has not been accepted at this time. The defendant may make a counter offer, offering a sum less than your figure. At that point, you are in negotiations. You go back and forth until a mutual figure is agreed to. The length of time for these negotiations can be quick, or lengthy. It is impossible to say at this point. However, the counter offer will let you know how far apart you two are. The father apart, the longer time it may take to arrive at a mutually acceptable figure.
Answered on Mar 27th, 2013 at 3:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If this is an insurance adjuster he will talk to his supervisor about it and probably let you know quickly IF HE HAS ALL YOUR MEDICAL REPORTS AND BILLS.
Answered on Mar 27th, 2013 at 1:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should expect the defendant to come back with a number that is less than you asked for. As for how long, that depends on a number of factors. There is no hard and fast rule.
Answered on Mar 27th, 2013 at 1:27 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Mar 27th, 2013 at 12:22 PM
Thomas Edward Gates
You should have provided a release of future obligations before you provided the money. There is nothing to say that that was amount agreed to.
Answered on Mar 27th, 2013 at 12:22 PM
A simple request means nothing if the amount demanded is a lot higher than they are willing to pay. So nothing may happen.
Answered on Mar 27th, 2013 at 12:22 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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When you refer to the adverse party as "defendant" I assume that you have already filed suit. If so, what happens next depends on the court's calendar (is the court ordering the parties to arbitration or trial?). If suit has not been filed then give "defendant" a specified time deadline to respond (generally 20-30 days depending on whether your statute of limitations deadline is approaching) or else you will file.
Answered on Mar 27th, 2013 at 12:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have made an offer to settle, and is now up to the defendant to either accept or reject it. There is no set time unless you specify.
Answered on Mar 27th, 2013 at 10:35 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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He will tell you that you are crazy if you think he will pay you that much and if you continue to press your case you will be lucky to get anything at all. He will offer you one-tenth of what you requested (this is called a "demand") and tell you that this paltry amount is a gift and is far more than what you deserve. You then tell him that if this case goes forward you will likely get several times what you have demanded and if that's what he wants to pay, then you'll see him in court. Even so, you are willing to be reasonable, so in the interests of compromise you are willing to lower your demand. This goes on for a few turns, then you agree to "split the difference". Once you reach a deal, you sign a release, and they issue your check.
Answered on Mar 27th, 2013 at 10:34 AM
James Eugene Hasser
In Alabama, in an accident case such as a car wreck, you have 2 years from the date of the accident to sue or you will be forever barred from doing so. After you make an offer, the defendant can accept, reject, reject and counter offer or do nothing. There are no time limits on a response. Watch out for the 2 years, though.
Answered on Mar 27th, 2013 at 9:59 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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There is no rule on when, or if, a defendant must respond to a demand. Typically if the defendant asked for a demand, and you gave it, they would respond within a reasonably short time frame such as weeks (they may have to run the demand by a committee or supervisor or the like - at least if there is insurance). If too long a time goes by, you can ask when they will reply and/or set a reasonable reply date and see what happens.
Answered on Mar 27th, 2013 at 9:58 AM