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Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

Settling a Case Right Before Trial is no Simple Matter

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Once an injury case is set for trial, it becomes more difficult to settle quickly. The Court where the case is pending must be notified. When a case settles at the "24th hour" the jurors have to be notified not to report for jury duty. The witnesses under subpoena must be released from their subpoenas. The videographers, translators and court reporters must similarly be told not to show up. If they do report to the Court, someone will have to pay for their time and expense, usually the party (or lawyer) who requested their presence. While many calls have to be made immediately once an agreement is reached, at the Herndon law firm ABRAMS LANDAU, Ltd., we have seen cases that have taken months to finally settle and disburse.

The Court where the case is pending will need a signed Order showing that the case has indeed been settled, and any lien holders will have to be repaid out of the settlement proceeds. By "lien holders," I mean those people with "IOUs" on the case, such as medical doctors who have not been paid; the workers compensation insurance company or employer who may have paid for care, lost wages, etc., and the government if Federal benefits were used for treatment. An experienced car crash lawyer will discuss with you the steps necessary to have a fair compromise of your case. Settlement starts with a "yes" but takes many more steps if the case is close to the date of the personal injury jury trial.