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What is a Settlement?

In North Carolina, many cases which could be decided in court are resolved outside of court through settlement. Settlement occurs when parties to a civil case agree to resolve the legal case outside of court so a lawsuit does not need to proceed to its conclusion.

Settlement is common in many different kinds of cases, especially in personal injury claims. A personal injury case can settle when a victim who was hurt agrees to accept compensation in exchange for signing a liability release and not continuing a lawsuit until a jury reaches a verdict.

For example, if a pedestrian was hit by a negligent driver, the pedestrian victim of the auto accident could sue the driver. Instead of going through with a full lawsuit and allowing a court to decide on whether to award compensation, and in what amount, the pedestrian could negotiate a settlement with the insurer of the driver. The insurer may agree to pay a set sum of money, and the pedestrian would sign a release of liability in exchange for this money.

Settlements can be preferred to court cases by both plaintiffs and defendants. Settlements allow a potentially long and costly trial to be avoided. Settlements also provide certainty: A potential defendant knows what total losses will be, and a plaintiff is certain of receiving at least some compensation.  The Judicial Department of the State of North Carolina encourages settlement for many types of disputes through its “extensive private mediation program.”

Settlement is possible only if negotiations are successful in facilitating a resolution outside of court that both parties agree to. A Charlotte injury lawyer can provide assistance negotiating an out-of-court settlement.

Once a settlement has been agreed to, it is final. Even if it later turns out that the injuries sustained are more serious and costly than initially anticipated, undoing the settlement is not possible. As a result, it is important to have an attorney review a settlement and advise you on whether it is fair before you agree to settle the case.

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The list of prior client settlement results and client reviews/testimonials, do not constitute a promise of any particular result in any particular case, as each and every case is unique. Each case was handled on its own merit, and the outcome of any case cannot be predicted by a lawyer or law firms past results.

If a recovery or settlement by trial is made, the client will be responsible for costs advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency percentage will be computed prior to the deduction of expenses from the total recovery.

The principal office for Auger   Auger Law Firm is located at 717 S. Torrence St., Suite 101, Charlotte, NC. The attorneys and staff of Auger   Auger Law Firm work and process all of the firm’s files at the principal office location in Charlotte, NC. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location. All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC.

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