The majority of cases related to personal injuries are settled. That is one of the few types of situations that favours settling over litigation. Defense Base Act lawyers work with clients to choose the best path possible for a good outcome. Litigation and settling have its pros and cons, even when the case treads on familiar territory.
Why People Choose To Litigate
When you want the highest amount possible, litigation is the best way to get it. Settling is about getting both sides to agree on a number that they’re comfortable with. When you go to trial, it is because what you want is an amount the other side isn’t willing to give.
A Settlement Is Still A Win
Despite the stigma around settling, it is still considered a win for you. When the other side willingly comes to the table, they are admitting that going to trial is a bad idea. You are in control, and your side can lead the charge when it comes to negotiations.
Settlements Are Cheaper
Litigation leads to long drawn out fights where the narrative can swiftly favour one side or the other. Going this route is only a good idea for clients that have overwhelming evidence in their favour. A company will throw out an unbelievable amount of resources to protect their money and brand, so never go into litigation lightly. Unfortunately, this is the only recourse when settlement talks fall through.
A Win In Litigation Is Also A Win With Reputation
Winning in court is a big deal. It can send a message to an individual or company that they were in the wrong. Not only do you get more money from litigation, but you gain the moral high ground. Depending on the nature of the case, this can be just as important as the money. When someone has wronged you and refuses to acknowledge it, a win in court works as a forced apology.
A Trial Is Unpredictable And Stressful
There is no such thing as a sure win when it comes to court. There are too many variables, and more than one case has had unpredictable results. That doesn’t mean litigation is like playing the lottery. Clients should be advised that going to court is not like holding a winning lottery ticket. It takes work and patience to get what you deserve, and sometimes that can lead to uncomfortable places.
It Can Take Years To Go Through A Trial
Going to court is a slow process where paperwork needs to be filed and dates need to be set. Sometimes paperwork needs to be refiled again due to an error, so the trial has to be rescheduled. In-between all of this there will be a lot of meetings, delays and surprises. When you make the choice to go for litigation, prepare to be in it for the long haul.
Wrap Up
The advantage will always be on the side of the client that listens to their lawyer’s advice. Take the time to look at the pros and cons of litigation or settling for each individual case. Your time is on the line, so it is a good idea to get it right.