Settling a Raleigh Construction Accident Claim
Construction accidents can happen from a variety of circumstances, and the litigation that follows can be extremely complex and cumbersome. If you were injured in a construction accident, you might be entitled to compensation. Call a qualified attorney to learn more about settling a Raleigh construction accident claim so you can avoid a tough legal process and possibly receive compensation sooner.
Resolving a Case Outside of Court
North Carolina law requires parties of any lawsuit to participate in a mediated settlement conference, which means they must sit down with a mutual party and go through a process of alternative dispute resolution. In this case, there were attempts to resolve it outside of court, and this mediation process’s neutral third party was a retired judge. The involved parties negotiated back and forth and shared arguments on both sides. Prosecuting attorneys presented arguments as to why they felt the defendants would be responsible, and defense attorneys presented their arguments as to why they were responsible based on the risks of litigation, which means that the defendant could have had a verdict in excess of their coverage, or we could have gotten a zero verdict. Because of that potential risk, a mediated settlement conference was held, and a settlement was reached prior to trial in the case.
The negotiating process starts with an open session where involved parties gather in one room together and are moderated by a mediator. The plaintiff, in this case, was allowed to make a presentation to the group and explained why they felt the opposing party would be responsible, after which the defendants made arguments about why they thought they would not be responsible. Afterwards, the parties entered a closed session and had independent rooms, between which the mediator traveled and exchanged offers of settlement and counter-demands of settlement. This process lasted all day, and a settlement was reached on the evening of the mediation.
A settlement agreement is an enforceable document signed by all involved parties and usually discusses in one to two pages the various terms to which they agreed. Another agreement is usually signed two to three weeks after a settlement conference.
After the mediated settlement conference, the client’s attorneys worked on a master settlement agreement and release that were circulated to all the lawyers who could add their input. The client signed that agreement, and the case was dismissed. In exchange for a monetary settlement, the client agreed to dismiss the lawsuit and sign a release that prohibits them from suing the defendants in the future for any damages.
There was also no chance of the settlement being overturned because Raleigh courts tend to defer to the parties and do not interfere in any type of settlement agreement that has been reached by the two parties. As long as those parties are represented and everything is done in good faith, the settlement would not be overturned.
Receiving the Settlement Award
It took two months after the settlement for the client to receive their monetary reward. Because this case involved workers’ compensation insurance, their portion of the settlement had to be paid back to workers’ compensation, so there was a slowdown in negotiating the amount that had to be paid back. Regardless of your specific set of circumstances, you should contact a seasoned attorney today to see if settling your Raleigh construction accident claim would be the best option for you.