Choosing to ask for a settlement instead of pursuing the case you filed is possible. Plaintiffs dropping charges are not uncommon, and they decide to do so for various reasons.
Lawsuits can take a toll on you and your family emotionally and financially. Some cases take years to litigate, draining those involved of their time, money and energy so it is understandable that a lot of cases end up in settlement before it even reaches court.
According to the law, you can still have the case dismissed if you reach a settlement on or before your court date. Take note of the fact that settlement before litigation is less complicated.
The essential step to take is to consult your lawyer regarding the best possible settlement of your claim. Of course, it is best to have a lawyer who has your best interest as their priority. Your lawyer will negotiate the settlement, document the whole settlement agreement, and make sure you receive the amount that is agreed upon.
Once a settlement is agreed upon, the court date will be postponed to allow payment. The case will only be dismissed once you have received full payment and have filed a Request for Dismissal.
When you agree to have the case dismissed, you will essentially give up any claims in connection with the case and forego any intention to file another lawsuit against the defendant with the same claim.