While settlements offer speed, reduced costs and predictability, lawsuits can provide potentially higher public compensation and accountability and the opportunity to do so. When a case is resolved out of court, it means that both parties reached an agreement before the case goes to trial. The main reason most cases are resolved out of court is because the outcome is guaranteed or predictable. However, unlike a trial, reaching an out-of-court settlement means that the agreement does not depend on a jury or judge. Both parties can reach a mutual agreement without the participation of other parties.
Although it can be tempting to go to court if you think you're right, this shouldn't be taken lightly. Judgments are difficult for everyone involved. Speaking on the stand is stressful, in addition to being questioned and cross-examined. Lawyers will attack your character and, in many cases, an agreement can save both parties a lot of the trouble of being dragged through the judicial process, without obtaining a significantly worse outcome for either party.
Reaching an out-of-court settlement can eliminate any number of barriers to negotiation. The drawbacks of involving attorneys in your dispute and preparing for a lawsuit can be significant. Whether the trial goes to court or is resolved out of court, it's important to have an experienced attorney to help you make the best decisions based on your particular case. Avoiding a jury trial or having a judge determine the settlement of a case can be beneficial. The following guidelines can help you reach an out-of-court settlement and arrive at creative and mutually beneficial solutions to your disputes, with or without the presence of attorneys.
Below, we'll explain why reaching a settlement may be a good option for you in your workers' compensation or personal injury case. Upon reaching an out-of-court settlement, there is a possibility that you may not be able to take further legal action in the future in connection with this case. Depending on the amount of money available in a settlement, the extra time and cost of going to court may not be worth it for you and your family. In addition, you may suggest that they jointly hire a professional mediator to direct the conciliation process instead of leaving the process in the hands of their lawyers.
