Legal Nuggets- Should I Settle My Legal Case
In deciding whether to settle, you first have to identify your options. Your options for concluding or ending your legal case are usually these:
- Settle with the “other side.”
- Go to trial and get a decision from the court.
- Drop the case.
Sometimes you may have the option of settling with one or more parties, but not with another party or parties. However, to bring the case to an end, you must settle with or get a court decision regarding every party (or drop your case against one or more parties).
In making your decision on whether to settle, some factors you need to consider are:
- How long will each option take?
- Will taking the case to court cost more money? How much more?
- If you win in court will the losing party appeal and if so what delays and expenses will come with the appeal?
- What are my chances of winning or losing in court, especially when all the costs are considered?
- Do you know the major drawbacks of taking the case to court?
- What problems will the Rules of Evidence cause for my case if I go to court?
- Do you expect to gain anything besides money by taking your case to court?
- Have you ever observed a case being tried in a court before in real life–not on Television or a movie?
- What does your lawyer recommend? Why would you disregard your own lawyer’s advice and recommendations?
- Do you realize that in a wreck case the court will not allow you to mention insurance in the presence of the jury? How will that limitation hurt your case?
Please discuss your case and settlement options completely with your attorney.