What is a Gallagher Agreement? A Comprehensive Legal Overview

Definition & Meaning

A Gallagher agreement is a legal arrangement that allows one codefendant in a lawsuit to settle with the plaintiff for a predetermined amount of money at any point during the trial. This type of agreement ensures that the codefendant will pay the agreed sum regardless of the trial's outcome, providing a level of financial certainty amidst ongoing litigation.

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Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) In a personal injury case involving three codefendants, one codefendant enters into a Gallagher agreement with the plaintiff. They agree to pay $50,000 to settle the claim, ensuring that they will pay this amount even if the trial results in a favorable verdict for them.

State-by-state differences

Examples of state differences (not exhaustive):

State Gallagher Agreement Variations
California Commonly used in personal injury cases, with specific rules for enforceability.
New York Gallagher agreements are recognized but may have different procedural requirements.
Texas These agreements are less common, with alternative settlement practices preferred.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

What to do if this term applies to you

If you are involved in a case with multiple defendants and are considering a Gallagher agreement, it is advisable to consult with a legal professional to understand the implications fully. Additionally, you can explore US Legal Forms for templates that can help you draft a Gallagher agreement tailored to your situation.

Quick facts

  • Typical settlement amount: Varies by case.
  • Jurisdiction: Civil lawsuits with multiple defendants.
  • Potential penalties: None for the agreement itself, but failure to comply may lead to legal consequences.

Key takeaways

Frequently asked questions

A Gallagher agreement is a legal arrangement that allows one codefendant to settle with the plaintiff for a fixed amount during a trial.