The answer to that question hinges on the time when the settlement has been attained. Was that agreement made before or during the course of a trial?
Process for when agreement reached before start of trial:
The lawyers for the 2 opposing sides report to the court the fact that the 2 parties have agreed to settle their dispute. The court issues a order of settlement. That gives each of the parties 30-60 days for preparing all of the necessary paperwork.
The defense lawyers prepare a release form and send it to the plaintiff’s lawyer. That Personal Injury Lawyer in Sydney studies the form, and lets that defense team know about any statements that must be changed, if the team and the defendant hope to have the same form signed by the plaintiff.
Any needed corrections are made, and the corrected release form goes back to the plaintiff’s attorney. That lawyer then has his or her client sign it, so that it can be sent back to those that have served as the defendant’s support.
Finally, a check for the amount owed to the plaintiff gets mailed to the plaintiff’s legal representative. That same representative pays off any liens and takes the agreed upon contingency fee. Then the money that remains gets sent to the person/plaintiff, who has been promised compensation.
The above process should not take more than a week or 2, unless there were to arise a major disagreement, with respect to the language on the release form. Personal injury lawyer in Sydney makes a careful study of all such forms. Once any one of them has been signed, the terms of the associated settlement become final.
Smart clients take their own steps, in order to prevent an extension of the time between issuance of the check and delivery of the promised money. For instance, a smart client makes certain to confirm or clarify the lawyer’s understanding, regarding the name that should appear on the check. It should be the name on the client’s bank account, and not a nickname.
Alternative process
The plaintiff wins a court-ordered judgment during the course of a trial.
The party on the losing side has the right to pursue an appeal.
The appellate court could make one of 3 different decisions
–A decision that upholds the original verdict
–A decision that reverses the verdict
–A decision that calls for the holding of a new trial
The ruling that would come from the appellate court, and the events that might follow that ruling, would determine the length of time before the court would be able to issue the money that is linked to the court-ordered judgment. Both parties have the right to seek an appeal, after any decision.
