Should You Accept a Lawsuit Settlement?
While the first reason can certainly be settled out of court, the second is often not satisfied with a settlement is offered. A settlement is an amount of money offered to the plaintiff in a civil suit in exchange for forgoing litigation. Sometimes the plaintiff will agree to settle on the offered amount, while others prefer to take their chances in court.
Unless you are suing solely on the point of defending a principle, it is almost always better to take a settlement. You are saved the mental and emotional stress of presenting your case before a judge in court, and you avoid the possibility of loss.
The following points should be considered when you are trying to decide whether to accept a settlement on a lawsuit:
1. Amount of Lawsuit
If the amount of the settlement is substantially lower than the amount you are seeking through litigation, you might want to take your chances in court. An offensive settlement that is too low is a half-hearted attempt by the defendant to avoid court.
2. Length of Trial
Lawsuits are long, stressful and taxing. Consider how long it will be before your lawsuit even sees the inside of a courtroom, and also the length of the trial itself. Some civil lawsuits have been known to take months – even years – to fully resolve, so a settlement might be in your best interests to put the matter behind you entirely.
3. Precedent
Have other people sued for similar causes and won? If there is no precedent for your lawsuit, you might not be able to win. Accepting a settlement claims monetary damages without having to risk a loss.
4. Publicity
Many civil court cases receive a lot of publicity, and if you aren’t the kind of person who enjoys that, a settlement will avoid it entirely. Negative publicity can also damage your reputation or that of your business.
5. Weakness in Evidence
You are the only person (besides your attorney) who knows the strength of your evidence. If you don’t think that you have sufficient evidence to prove your case, a settlement is ultimately favorable.
Before making this decision, go over all of your evidence, your injuries/damages, and any other information with your attorney. Let him or her know the amount that the defendant has offered as a settlement, and get the attorney’s advice. Often, he or she will have a better understanding of the civil court procedures and can better advise you on how to move forward.
Ultimately, however, it is your decision, and you should trust your instincts. If you are more concerned about a court hearing your case than with the amount of your judgment, then you should proceed with the lawsuit.
