Throughout the legal process of a personal injury lawsuit there will be a number of different motions filed within the court system. A motion is a written or oral request for a judge to make a ruling about some aspect of the case. There are many different types of motions such as a motion to dismiss, a motion for summary judgement, a motion to compel, or a motion to enforce settlement; just to name a few.
A motion to enforce settlement can occur when an insurance company convinces someone to accept an offer for their injuries. Sometimes people accept offers before knowing how severe their injuries are and sometimes they do it because they are feeling pressured from the insurance company. Either way, people often change their minds and refuse to sign the settlement agreement paperwork and this upsets the insurance company. The insurance company will then file a motion to enforce settlement in an effort to make the injured party accept the offer they verbally agreed to.
A plaintiff can also file a motion to enforce settlement when the responsible party agrees to pay a settlement for the injuries their negligence caused but then they either change their mind or they are taking a really long time to pay the settlement amount. If this happens then the plaintiff’s attorney can also file a motion to enforce settlement.
After these motions are filed each party meets in front of a judge and gets to tell the judge why they feel the motion is warranted or should be denyed. The judge then has to make a decision whether he’s going to grant the motion or deny the motion.
If you have any more questions about motions filed in a personal injury case or questions about your personal injury case, please reach out to us. You can call us at 407-254-4901 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.