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To Settle or Not to Settle: A Case Dilemma
by:
Paul Hood
A dilemma
besetting many cases is the question whether to settle or not. A practical
assessment of your position with the aid of a trusted lawyer will provide
the answer.
It is never
easy to make a decision like settling a case. Many factors come into play
but a thing to be remembered is that choosing to settle is based on
calculated risks and chances of winning litigation.
If you find
yourself in a trial, you or your opponent may choose to offer the other
party to settle the case before it reaches court. This discussion of the
case is “without prejudice” meaning that you are not bound by any
agreement whatsoever if you change your mind prior to receiving the money
or before the court is informed of your agreement.
Choosing to
settle a case may well be beneficial to you as it can save you a great
deal of money and time. Not including the fact that opting to pursue the
case may prove to be your own undoing. There is the risk of a prolonged
trial or even loss and the cost it will entail may not be the best for
you. Indeed it may sound unfair but strains on your personal relationships
as well as on your business can be avoided if you choose to settle.
Sometimes,
settling can be very difficult. Even if the parties agree about who was at
fault in a case, the case may not settle due to a dispute over the amount
of damages sustained by the plaintiff. Cases often proceed to trial on the
sole issue of damages. Thus, most lawyers will work the case as if it will
proceed to trial and hope that their work will enlighten the other side
about the need to settle the case. If the case does not settle, that
lawyer is then ultimately prepared to try a good case with the best
potential for a favorable outcome.
To arrive
at a final decision, it is best to enlist the aid of a lawyer who is
familiar with the issues attached to making settlements. An experienced
attorney can help you be familiar with the workings of settling. Plus, he
can give you the most that you can get out of your settlement. The law can
be very complex and having a lawyer to guide to step by step can be a very
enlightening experience.
by-http://www.attorneyservicesetc.com |
