Typically, if a person injured in a car accident enters into a settlement agreement with the party responsible for the crash before a lawsuit is filed, it will be considered a complete resolution of the claims. In some cases, though, it may be unclear whether the parties actually entered into a contractual settlement agreement, and the injured party will proceed with litigation. Recently, a Florida court discussed the right of a defendant to question a plaintiff’s attorney regarding the settlement of a claim in a case in which the defendant argued the plaintiff was improperly seeking damages despite previously settling claims arising out of the underlying accident. If you were injured in a car accident, you only have one chance to recover damages, and it is prudent to speak to a dedicated Florida car accident lawyer to determine your potential claims.
The Underlying Accident and Negotiations
It is reported that there was a three-car accident involving the plaintiff, the defendant, and another party. The defendant’s car struck the third-party’s car, which then struck the plaintiff’s car. The plaintiff and his son were both injured in the crash. Following the accident, the plaintiff and the third party asserted claims against the defendant. The parties reportedly entered into a settlement agreement, wherein the defendant’s insurer agreed to pay her policy limits, which were divided among the three injured parties.
Allegedly, the plaintiff then filed a negligence lawsuit against the defendant. The defendant moved for summary judgment, and attached evidence regarding the settlement agreement to her motion. The plaintiff opposed the motion and filed affidavits stating that no settlement occurred. The defendant then sought to depose the plaintiff’s attorney and the plaintiff on issues pertaining to settlement. The plaintiff sought and was granted a protective order precluding such discovery, and the defendant appealed. Continue reading ›