Although TV crime dramas like to portray a big, contentious trial with all kinds of twists and turns this is actually not the reality for many family law and workers’ comp cases. In a summer 2021 study, it was discovered that 90% of parents settle their family law cases outside of the courtroom. You can access that study here. It may be fun to see your favorite actor/actress throw around legal jargon and win the big case, but at the end of the day, trials can be lengthy, expensive, and added stress for many. It is important to know that there are options outside of the courtroom and what they can mean for your case.
Today I am going to give a brief overview of what a settlement is, and what this means for your family law or workers’ comp case.
The most basic definition of settlement is, “An agreement that ends a dispute and results in a voluntary dismissal of any related litigation.” Settlements can occur in many legal areas. For example, a settlement in business law relates to the closing of accounts. In estate law, this would be the execution of an estate by an executor.
Settlement is a little different when it comes to Family Law. The purpose of settling your family law dispute is to encourage parties to resolve their differences without having to go to trial. Parties can come to an agreement about things such as child support or divisions of assets and property. This can also be done through mediation, as another way to avoid having to go through a lengthy, costly trial.
There is no right or wrong answer when it comes to when parties should settle their case. Some people would like to resolve the issues as quickly as possible, where others are comfortable with a longer process so they can resolve all issues and make sure the result is most equitable for them. Parties do have to consider how prolonging their case will affect them emotionally and financially, but ultimately must decide what move is right for them.
In Workers’ Comp., settlement is also very different. It also helps resolve a dispute outside of the courtroom, but there are many different ways claimants can agree to a settlement. Many people confuse settling a workers’ comp. case with settling a personal injury case, but in fact, the two are very different. In a personal injury case, victims generally can recover the full costs of the accident. In workers’ comp., costs that can be recovered are only those that can be recovered under the workers’ comp. system. I will delve more into those options below.
It is also important to know that in Florida a workers’ comp. the claimant does not have to be represented by an attorney to accept a settlement. However, a separate hearing will be required by the JCC when claimants are not represented. In Florida, there are many situations that workers’ compensation settlements can provide payment for:
- Future injury costs. This is calculated based on what a claimant could collect in medical or wage benefits because of their injury. Settlements are generally made to those workers who are going to have ongoing medical needs and may be unable to return to work.
- Permanent disability benefits. This could be indefinite payments to an injured worker that insurers could be liable for.
- Past due payments. This could relate to medical payments that need to be reimbursed or other injury-related financial disputes.
- Vocational rehabilitation. This payment can relate to a form of job retraining. Florida law requires an employer to pay 26 weeks of wage losses as long as the injured worker has attended vocational rehabilitation. This length of time can be extended to 52 weeks in some cases.
Settlement can be a very efficient tool. It helps people save time, money and avoids the added stress of a trial. It is important to discuss all your options with your attorney and take a big picture look at your case to determine if a settlement is right for you.
***This blog is meant for informational purposes only and does not constitute legal advice. If you require assistance with your workers’ comp. or family law case, or have any additional questions about settlements, please do not hesitate to fill out our contact form below. We would be happy to assist you.
Sources: https://www.law.cornell.edu/wex/settlement
https://stepstojustice.ca/questions/family-law/what-offer-settle-family-court-case/#:~:text=An%20offer%20to%20settle%20is,dividing%20property%20to%20the%20court.
https://www.hg.org/legal-articles/settling-your-family-law-case-when-a-settlement-proposal-is-in-the-margin-of-error-32416
https://www.mylegalneeds.com/faqs/settling-a-workers-compensation-case-in-florida.cfm
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