In many personal injury lawsuits, opposing parties are able to resolve a court action through mutually satisfactory settlement negotiations. Claims arising from automobile accidents are no exception. Depending on the circumstances surrounding a car accident, including any allegations of negligence and the necessary supporting evidence, settling a case is often a wise course of action. But there are important legal steps to follow when embarking on a settlement agreement. And it is equally important to understand the optimal point at which to settle, and for what amount. The best course of action is to consult with an injury attorney from the Atlanta area who handles car accident claims and is fully aware of the local laws affecting your particular case.
Under Georgia law, a settlement agreement must adhere to the rules applicable to contract formation and enforceability. Specifically, one party’s offer must be accepted without equivocation, or the response will be considered a “counter-offer” instead of an acceptance. Essentially, there must be a “meeting of the minds” on the key terms. In a recent case, Cone v. Dickenson (Ga. Ct. of App. 2016), the court reviewed evidence of the circumstances surrounding an oral settlement agreement to determine its terms.