Settlement, Arbitration, & Mediation
An insurance company or the lawyers for the defendant can make a settlement
offer at any time during a lawsuit, even before the Summons and Complaint
is filed. Generally, however, defendants’ representatives want all
the information about your accident and injuries first. Completion of
discovery usually starts settlement discussions, which can take place
over the course of days, weeks, months, or even years.
Our lawyers at Mirman, Markovits & Landau, P.C. will vigorously pursue
settlement discussions with insurance company representatives in pre-trial
Court conferences, over the phone, or at out-of-court mediations or arbitrations
agreed to voluntarily by the parties involved. The point is always to
get the right settlement number for your particular case. At a mediation
or arbitration, both the plaintiff’s and defendant’s attorneys
provide their information about a case to an agreed-upon judge. In a mediation,
the judge recommends a settlement, which the parties can accept or reject.
In an arbitration, the judge’s decision is binding and cannot be rejected.
If a settlement is reached, the defendant’s representatives generally
have 21 days to pay once they receive your signed, notarized settlement
papers by certified mail. There are exceptions, however; for example,
the City of New York has 90 days to pay a settlement. The New York State
Insurance Department, which handles bankrupt insurance companies, is exempt
from time constraints. Recent Federal legislation, which mandates that
insurance companies and plaintiffs determine and repay applicable Medicare
liens, also delays payment of settlements.
Whichever path your case takes— to arbitration, mediation, settlement,
or on to the trial calendar— Mirman, Markovits & Landau, P.C.
can discuss with you the advantages of each settlement offer made and
strive to obtain the best settlement offer for your case.
Call us today at (855) 295-4737 to get started.