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Trial or Settlement

by | Apr 20, 2024 | Firm News |

Should you go to trial or settle your case? Well that depends. In modern litigation virtually every case is at some point flagged for a formal or informal settlement discussion. Most civil cases do settle prior to trial. Why do litigants settle? To avoid risk – cost, inconvenience, the chance of losing. So why not settle every case? Because a settlement is a compromise and not every litigant is willing to compromise. So what should I do?

1. Get the facts. No decision should be made until you have considered the various risks and benefits of each approach.

2. Do not limit yourself. If you are not prepared to go to trial, you will not get the best settlement.

3. Continuously evaluate your options. Litigation can turn on a dime. If your case gets stronger or weaker, the options for settlement vs trial will probably change as well.

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