Understand that a settlement can take place at any point in time, once 2 opposing parties have chosen to seek some avenue for resolving their dispute. If it has been processed, a settlement should guarantee delivery of compensation to the injury party, at some point in time.
The processing of pre-trial settlements
The lawyers for each side report their ability to settle their clients’ dispute; report submitted to the court. The court issues an order of settlement.Both lawyers give the court the necessary paperwork. That includes the release form with the plaintiff’s signature. All that paperwork must be turned over to the court’s authorities within 30-60 days of the date when the order of settlement has been issued.
The defendant’s insurance company sends a check to the plaintiff’s attorney. The plaintiff’s attorney pays any person or institution that has a lien on whatever money is coming to the same plaintiff. The same Injury Lawyer in Ottawa removes the amount of money that equals the appropriate contingency fee. Then the rest of the money that is in the attorney’s hand gets passed to the client, the waiting plaintiff.
The processing of a court-ordered judgment
If the jury has ruled in the plaintiff’s favor, then the plaintiff knows that some money should be coming to him or her, eventually. The defendant has the right to request an appeal. After the appeal hearing, the court issues one of 3 rulings:
1) Upholding the jury’s decision
2) Reversing the jury’s decision
3) Ordering a re-trial
The next step depends on the nature of the court’s decision.
1) If jury’s decision has been upheld, the defendant must decide whether or not to accept it, or to launch a request for another appeal hearing.
2) If the jury’s decision has been reversed, then the plaintiff has lost the case; still the plaintiff also has the right to seek an appeal hearing.
3) If a new trial has been ordered, then the process just completed must be pursued for a second time. The outcome of the new trial would decide how the process would continue.
After the appeal process has been exhausted, then, if the jury has ruled in favor of the plaintiff, the lawyers for both sides can expect to receive an order of judgment from the court.
As was true after the settlement, the plaintiff must sign a release form. Only after the defendant’s insurance company has received that signed form, should it send the money that is due the plaintiff to the plaintiff’s lawyer.
The lawyer must pay off any liens. Then the same lawyer should take the contingency fee and send the rest of the money to the waiting client/plaintiff. That concludes the process.