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Is it Required to Put the Settlement on the Record  

In a personal injury case that is settled during the course of a pretrial conference, is it required to put the settlement on the record, in open court.

Do You need to Put Settlement on the Record?

To answer if it is required, no it is not required. However, is it considered a best practice to do this? Yes, it is. Why is that? It is to make sure that the client understands that the case is over, once he agrees to settle it. It is to make sure the client is making this decision under his own volition and without any outside coercion. The settlement has to be put on record so that the client clearly understands and recognizes that this case is finished.

How is it done?

Here is an example. The lawyers are trying to settle a personal injury case during a pretrial conference, where the plaintiff or victim is present. The judge is also present on the bench, and a court reporter is taking down all the information. The victim will take the stand, and his lawyer will ask him a series of questions, which will typically be questions of this nature:

  • Do you recognize that by settling this case you cannot come back and reopen it?
  • Are you doing this settlement of your own free will?
  • Has anyone coerced you or forced you to enter into this settlement agreement?
  • Are you taking any medications today that might impair your ability to go ahead and settle this case today?

The judge then will ask a series of questions to the plaintiff, and one of them will be:

  • Are you satisfied by the legal representation by your attorney?

Why is it done?

The point of putting all this information about settlement on the record means the court reporter is recording all the questions, all the answers, and the idea is to get the plaintiff or victim to recognize and fully understand that this ends the case once and for all. The court, the defense attorney, and the victim and his lawyer will recognize that the case is over. Once this is done, nobody can come at a later time and try to reopen the case and start a ruckus about how they are unhappy with how this case was concluded.

Therefore, putting a settlement on the record is not a legal requirement. However, it is prudent to rule out any misunderstanding or for the victim to be under some mistaken understanding. Once the victim has agreed to a settlement, it is important for him to know that he will no longer be able to pursue this case. An official settlement marks the end of the case, and the victim has to understand that the particular amount he has settled for is all that he is ever going to receive.

Putting a settlement on the record could also reveal if there is anybody threatening the victim to settle, or if he is under some type of duress. The victim will declaring in open court under oath that he is accepting this settlement of his own free will and there was no one forcing him to open this door and walk through it.

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April Johnson
15:54 30 Jun 23
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19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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