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Here are ten dos and don'ts when writing a settlement demand letter in a personal injury case:DON'T Write War and Peace.DO Highlight Unique Facts About Your Case.Don't Send the Demand by Certified Mail.DO Differentiate Your Case.DON'T Make a Specific Settlement Demand.DO Demand Policy Limits.DON'T Go Over-the-Top.More items...
A settlement agreement may include non-monetary consideration including requiring a current employee to resign from a job. Confidentiality. The parties may also agree not to disclose the amount of the payment that the claimant receives in the settlement.
So all settlement documents must be interpreted in the same manner as any other contract would be interpreted. And a settlement agreement does not need to be in writing to be enforceable. An oral settlement agreement entered into by the parties can be enforceable so long as it does not violate the statute of frauds.
Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.
Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.