Why a Settlement?
Lawsuits are time consuming, they are also emotionally, mentally & physically draining. They can also encompass months, maybe even years of your life. The outcome of any case that goes to trial is never known until the jury rules on it. Which means that until their decision is made, you hope that you convinced the jury enough to rule in your favor.
So why do I share this with you? Why showcase the negative aspects of a jury trial?
When people feel wronged in any way they believe suing another is the easiest way to make a point or to be remunerated for whatever damage was caused as a result of personal injury or property damage. For some, their damages or injuries aren’t high enough for a lawyer to consider their claim worthy of defending. Or they have neither the time, patience or resources to fight a lengthy lawsuit.
But here’s the reality of it all… 90% of cases settle before trial.
That’s right…settled…before trial.
As trial attorneys our goal is first and foremost to fight for the rights of our clients. And we are always prepared to go the distance if that’s what the client wants. But, knowing that could take up several years of their life, most just want the experience behind them.
On any given week we receive dozens of calls from people who believe they were wronged in some way. Yes, some of those calls are legitimate, others not so much. Some believe that just by calling a lawyer their claim will be magically acted on by said lawyer who will send letters to the party at fault notifying them of a trial date.
Trying to placate their demands with a simple phrase of…“Sir (or Madam) that’s not how it works”…usually is followed by the caller with “what do you mean that’s not how it work…that’s how it works on TV.”
The process is not that simple. It takes time. And although a letter may be required, knowing the date of trial prior to notifying the court is not something a lawyer knows beforehand.
So why a settlement?
A settlement is an agreement between the parties in a lawsuit that effectively stops the dispute process and any future litigation.
Besides the fact that trials are time consuming, they are also expensive. Weighing the time/cost factor and you might realize that maybe a settlement is the logical approach. The victim receives a fair compensation for their claim while avoiding years of legal wrangling while allowing them to put the matter behind them faster.
Add in stress and uncertainty and a settlement becomes a more viable option over a trial.
The “stress factor” is different from everyone, but in the case of those injured, it comes down to is the case taking you away from your work and costing you money, is it keeping you up at night or otherwise eating away at your mindset or physical health, then it may be wise to settle.
Then toss in the uncertainty of the outcome of a trial. A jury can swing either way and sometimes are more uncertain than just having a judge preside. Why spend all that time, money and effort if there’s a possibility you won’t win a case?
Each lawsuit is different, with different parties, and it’s impossible to know whether a settlement is a good idea until the parties involved reach a specific point in the process when an agreement might be possible.
If you were injured by the negligence of another, it is critical that you consult with an attorney who has extensive trial litigation experience. If your case cannot be settled, it is crucial that your attorney understand how to prepare your case for trial and how to win your case.
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends. Call our number (219)736-9700 for assistance today.
*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.