These days, it is more common for a lawsuit to settle out of court than to be resolved at trial. In many cases, both parties in a lawsuit make the judgment call that juries are just too unpredictable and, as a result, attempting to negotiate a settlement agreement is a better choice. If you are in the middle of a personal injury lawsuit and settlement has been discussed as an option, what should you know?
Settlement talks and deals
For starters, in most cases – but particularly in personal injury cases – it is the attorneys for the two sides that have the discussions about potential settlement, including the dollar amounts involved. However, these talks aren’t as simple as throwing potential dollar amounts back and forth. The attorneys are advocates for their clients and they must protect their legal interests. So, the direct settlement negotiations can turn on those interests, but also on the personalities and approaches of the attorneys involved in the discussions.
Settling a case has advantages. For example, a settlement obviously ends the case sooner than when it would probably end with protracted litigation. Your costs may be less, and there will likely be an element of confidentiality too. And, if both parties strike an agreement, they are more likely to hold to its terms.
But, not every case is right for settlement talks. Complicated fact patterns or especially antagonistic dealings between the parties can make a negotiated settlement harder to reach. Your case is unique, so be sure to weigh the pros and cons of any potential settlement carefully.