Settlements are public record if they come from the court. Alternatively, if you settle your lawsuit outside of court, it is unlikely to be part of the public record. A Long Island personal injury lawyer can help you negotiate a fair settlement and, if a trial is required, represent you in front of a judge or jury.
With over 100 years of combined legal experience in personal injury cases, the team at Levine And Wiss is here to help you with your lawsuit. Our lawyers can answer questions about whether a settlement is public record and other legal topics. Contact us today for more information.
When Are Settlements Public Record?
A settlement becomes part of the public record if a case goes to trial. For example, you suffer an injury in a car accident due to another driver’s negligence. In spite of the fact that there are New York State insurance requirements for drivers, your no-fault policy does not cover all of your accident-related losses.
In this scenario, you sue the driver responsible for your accident. You have a Long Island car accident lawyer represent you, but they cannot get a settlement before your trial date. As such, your case goes to trial, you are awarded damages, and what your settlement is public record.
The legal team at Levine And Wiss understands when settlements become public record and when they do not. Our lawyers will evaluate your injury case in detail, helping you receive maximum compensation from any liable parties. To learn more, reach out to us.
When Are Settlements Kept Private?
Your settlement may be kept private if you reach an out-of-court agreement. For instance, you hire a Long Island truck accident lawyer to help you pursue damages from a liable trucker and their employer. You fully intend to bring your case to trial, but the defendant in your case proposes a settlement.
Leading up to your trial date, negotiations between your lawyer and the defendant go back and forth. Your attorney keeps you updated about settlement proposals. Ultimately, you get a settlement offer that meets your expectations.
If you accept a settlement, you may get compensation without the need for a trial. You and the other party may be bound by a confidentiality agreement once you approve the settlement. Therefore, your settlement may not be public record.
When Should You Keep a Settlement Private?
Ideally, your injury lawsuit will not require a trial since you and the defendant can resolve your claim on your own. If you come to an agreement, your settlement remains private, as the court is not involved. There are also times when it may be beneficial to ask to keep a settlement private, such as:
You Have Concerns About Personal Information Becoming Public.
You are dealing with a medical issue or do not want other personal information to become part of the public record. Since a settlement can be public record if you need a trial, you may want to resolve your case sooner rather than later. This may allow you to prevent certain pieces of information about you from becoming public knowledge.
Children Are Involved in Your Lawsuit.
If you have children involved in your lawsuit, you may want to keep their names out of the public eye. As an example, you have a Long Island dog bite lawyer sue on behalf of you and your child after your son or daughter gets hurt in a pet attack. By settling your case outside the courtroom, you can get damages you can use to treat your child’s injury without having to make the fact that your child was involved in this attack part of the public record.
You Are Paying Child Support or Alimony.
For those who are paying child support or alimony, they may want to avoid having details about injury settlements released publicly. If their settlement is public record, their former spouse could get information about it. This could prompt their ex-spouse to request a modification of an existing child support or alimony order.
You Could Settle Your Case in Less Time than if You Were to Bring It to Trial
Choosing to settle your case versus going to trial can speed up the legal process. You and your lawyer can review the terms of a settlement proposal and negotiate with the defendant without the court’s involvement. If you and the defendant agree to terms, you will receive damages and close your case, and there is no need for a lengthy trial.
If you are unsure about what to do with a settlement offer, consult with a personal injury attorney. From here, your lawyer can explain the pros and cons of any decision you make on an offer. They can work diligently on your behalf to help you achieve the best possible case results.
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Should You Accept a Settlement?
Accept a settlement if it gives you adequate damages. In addition to considering how settlements as public record will affect you, think about the immediate and long-term ramifications of approving an offer. If a proposal falls short of what you want, you have the option to keep negotiating.
Your lawyer can explain what a settlement proposal entails and help you make an informed decision about it. There are instances when your attorney may encourage you to accept or reject an offer. Your lawyer can provide legal recommendations and insights, and you have the final say on whether to move forward with a proposal.
If a settlement offer gives you only a fraction of the damages that you want, you should have no qualms about declining it. At this point, your lawyer will notify the defendant about your decision, and you may receive another proposal at a later time. You and your attorney will continue to build your case and prepare an argument as you get ready for your trial date.
Get the Legal Help You Need to Negotiate a Fair Settlement in Your Personal Injury Lawsuit
At Levine And Wiss, we understand the legal challenges you can face as you seek damages in a personal injury lawsuit. Our team can help you pursue a settlement, and if you do not get one you want to approve, represent you during your trial. Contact us today to schedule a free consultation with our team.
