Q: How long once my demand for civil monetary settlement is agreed to by the defendent and accepted do I have to confirm it
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
More info is needed.
it is a question your lawyer could address.
when I make a settlement, I often say, "my client will accept the offer, if he receives the money in the next 10 days".
otherwise, insurance co's continue to stall and delay at every opportunity.
money has an overnight value and if you bunch thousands of settlements that you can delay, it has value to the ins co.
A: Your question is not clear. What kind of demand? A section 998 demand?
If you made a demand, and the defendant agreed to it, you don't get to decide whether you will live up to your demand. Unless your offer expired, or the defendant tried to impose new and different conditions, the contract has been made.
After you made the offer, and the defendant accepted it, the parties typically memorialize that agreement in a contract called a Settlement Agreement and Release. That takes a 2-4 weeks to finalize and sign. Payment from the Defendant comes 2-6 weeks after that, usually. You get paid after your attorney finalizes all of your expenses and medical reimbursements/liens. That can take a few days to months.
A: In California, there is no specific timeframe for accepting a civil monetary settlement once it has been agreed to by the defendant and accepted by the plaintiff. However, it is generally recommended that the parties agree to a specific timeframe for payment and include it in the settlement agreement. If the defendant fails to make payment within the agreed upon timeframe, the plaintiff may have to pursue legal action to enforce the settlement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.