When you finally come to a settlement agreement in your person injury case, you can breathe a sigh of relief that it is over. That is, assuming the at-fault party actually follows the terms of the agreement and pays you on time. One of the many reasons to hire a personal injury attorney is because not only do we help get you a fair settlement, we can take steps to collect when the at-fault party is hesitant to do so.
No matter what excuses the other side may make to slow down the process, they are legally obligated to pay if they have signed a settlement agreement. Continue reading to discover more about how we can compel them to pay. Then contact Law Offices of Fernando D. Vargas if you have been injured in an accident case and need a free legal evaluation.
There is a Law in Place That Requires the Other Party to Pay
In fact, there are several laws that make it a requirement for the other party to pay when they agree to a settlement. One of the application laws, which is set out in the California Code of Insurance Regulations, goes a set further and says that the claim must be paid within 30 days of the settlement being finalized. Another section of the law, this one in the Code of Civil Procedures, gives California courts the power to enforce this.
Enforcing a Settlement Agreement
According to the law, the other party can pay immediately but must pay within 30 days. This date starts the day the other party receives the document stating that you sign away your rights to sue in a court of law. If they do not pay within 30 days then they are in breach of contract and we can take them to court to answer for this if necessary.
If that does happen, then the judge will likely not only enforce the agreement and compel the party to pay, but they can award damages to you. Namely, this would be your attorney’s fees and other costs associated with bringing the case to court.
We Will Notify the Other Side What We Expect of Them
If the insurance company or other party does not pay you in time, we will draft a letter laying out the law, the fact that they are in breach of contract, and what we will take the case to court if necessary. Once they discover that they may end up paying additional damages if this happens, you would be surprised by how quickly they are likely to pay.
Most personal injury cases involve insurance companies and these companies are very familiar with the law. They are likely to pay as soon as the settlement is finalized. However, if you are dealing with another entity then your personal injury attorney will be instrumental in ensuring you get the money you are entitled to.
