Salt Lake City, UT asked in Wrongful Death for California

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?

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4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: 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.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Your question is not clear. What kind of demand? A section 998 demand?

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: 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.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

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.

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