Can the defendant offer to resolve the claim directly with you?

The answer is YES. In some cases, the other party may contact you directly and offer to pay you or try to settle your claim in some way. If that happens, you’re free to come to whatever arrangement you like or direct them to your legal representative. If you’re happy with the defendant’s offer, you don’t have to continue with your lawsuit. However, you should prepare a Terms of Settlement form for all parties to execute so that your agreement is in writing.  You can then file the Terms of Settlement with the court to keep them apprised of the situation.