Settlement meeting

mea_k

Few questions regarding this :
1) when does settlement meeting usually takes place? Like days before actual court or before date for court is set?
2) who attends this meeting? Plaintiff, defendant and solicitors?
3) how likely RTA personal injury claim to go to court?
4) can insurance company settle with plaintiff or plaintiffs solicitor, without defendant agreeing?

Thank you

randomrb

mea_k wrote: »

Few questions regarding this :
1) when does settlement meeting usually takes place? Like days before actual court or before date for court is set? can happen anytime right up to the trial
2) who attends this meeting? Plaintiff, defendant and solicitors?likely all teh above as well as barristers
3) how likely RTA personal injury claim to go to court?impossible to answer, how long is a piece of string
4) can insurance company settle with plaintiff or plaintiffs solicitor, without defendant agreeing?yes

See above answers

mea_k

randomrb wrote: »

See above answers

Wow thanks that was quick

coylemj

If this is arising out of a traffic accident and you are the defendant, I’d query the assertion by the responder above which implied (in response to q.2) that you will be present at the meeting between the parties.

Your insurance company is running the show, they typically only want you there in case there is no settlement, the case goes to court and they want you to appear to give evidence about the accident.

They decide whether to settle or not and for how much. The defence legal team (nominally acting for you but paid by your insurance company) will take their instructions solely from your insurance company. So there is no reason whatsoever why they would want you at that meeting, you have no input to that process i.e. you can’t tell them to settle or not settle and if they do decide to settle, you can’t tell them how much to offer, nor can you impose a cap on the settlement.

If you’re the plaintiff then your legal team may or may not want you there. It’s a poker game, it’s often better if the plaintiff is kept away from the action. So you’d sit in a nearby room and every now and then, your solicitor will come in tell how it’s going. With or without an offer.

mea_k

coylemj wrote: »

If this is arising out of a traffic accident and you are the defendant, I’d query the assertion by the responder above which implied (in response to q.2) that you will be present at the meeting between the parties.

Your insurance company is running the show, they typically only want you there in case there is no settlement, the case goes to court and they want you to appear to give evidence about the accident.

They decide whether to settle or not and for how much. The defence legal team (nominally acting for you but paid by your insurance company) will take their instructions solely from your insurance company. So there is no reason whatsoever why they would want you at that meeting, you have no input to that process i.e. you can’t tell them to settle or not settle and if they do decide to settle, you can’t tell them how much to offer, nor can you impose a cap on the settlement.

If you’re the plaintiff then your legal team may or may not want you there. It’s a poker game, it’s often better if the plaintiff is kept away from the action. So you’d sit in a nearby room and every now and then, your solicitor will come in tell how it’s going. With or without an offer.

Ahhh thank you. I'm plaintiff. I however don't want to face defendant. For very obvious reasons...
I'd rather not see them ever again really.

_Brian

My experience was both sides were kept separate during the “horse trading” session which was shockingly stressful.

The barristers met a number of times bringing information and offers over and back until an agreement was found.

Interestingly after dragging their heels for five and a half years the insurance company, after requesting report after report, after at the very beginning saying liability wasn’t an issue. They voided the insurance of the vehicle that caused the accident leaving the company owner to cut a very large cheque as settlement. I was blown away !

coylemj

_Brian wrote: »

My experience was both sides were kept separate during the “horse trading” session which was shockingly stressful.

The barristers met a number of times bringing information and offers over and back until an agreement was found.

I accompanied my mother (who was the plaintiff) to a settlement meeting in the Four Courts many moons ago. We sat on a bench in the main rotunda for the duration. Her solicitor and barrister were the only people we met. We had an initial discussion and a cigarette or two, they fired some numbers at her to gauge her reaction, then they went away to a room and met the other side. Every now and then, they came back with an offer. She rejected the first two and accepted the third offer. We never met the defendant or his lawyers but as I mentioned above,he probably wasn’t invited.

mea_k

Thank you everyone for your input. Trully helped this all to be easier on myself.
All I'm thinking about these days is this meeting and if we get to resolve issue. Minor involved as well so I'd rather just get over and done with.
Anxiety is just hitting high notes

Thanks xxx

kennM

Advice above is spot on,

Been through the process.

For me it was a couple of days before trial date, I was plaintiff. As I understand it a likely time for defense to look to negotiate is when costs start ramping up again, i.e. about 8/10 weeks from trial date. e.g. when snr/jnr counsel are starting put more time in, reports are being prepared etc.

Ours was in the high court, we were out in the open area and the defense solicitor, snr counsel and jnr counsel were inside in law library. I don't believe the defendant was there at all. My snr Counsel went back and forth over the period of an hour or two, coming out with defense position/offer and recommendation on it. Once we got to an acceptable position that was it. Plaintiff agrees, legal paperwork happens behind the scenes, insurance company cuts a cheque to your solicitor.

A word of warning, someone mentioned it to me and I thought it was far fetched, I've heard (and personally seen it) where the insurance company will have a person/people out in the open area earwigging conversations. I personally spotted the guy who was doing it, doing his best to be inconspicuous. If they hear you're full of doubts or happy to accept anything, that's what they'll get. Keep a poker face. And no you don't need to see defendant in negotiations.

Hope it helps

BattleCorp

People think the settlement meetings are very formal occasions, with both teams negotiating across a table in a meeting room. It's very far from that.

I've been at plenty of settlement meetings where one side were out in the car park and the other side were in the Round Hall or some other hallway of the Four Courts.

And as was mentioned earlier, if you are ever at one of those settlement meetings, be careful where you talk as anybody nearby would be able to hear what you are saying (hence going out into the carpark can be useful for privacy).

Irishphotodesk

mea_k wrote: »

Thank you everyone for your input. Trully helped this all to be easier on myself.
All I'm thinking about these days is this meeting and if we get to resolve issue. Minor involved as well so I'd rather just get over and done with.
Anxiety is just hitting high notes

Thanks xxx

With a minor involved, the court must approve the settlement offer, this will happen in either district court 23 in aras ui dhalaigh or the civil court 28 in main building or ct1 in main building if it’s high court.