It surprises many Americans to learn that the majority of civil cases are not settled through trial. In fact, feuding entities are likely to settle a case out of court far before they get to a judge.
No matter the nature of your civil case, you may wonder if it is smarter for you to try and settle. Of course, this depends on the nature of your case and the situation surrounding it. Overall, if you think you want to try and settle your civil case, you must consider how much you are willing to negotiate and what remedies you are willing to accept.
Why does negotiation matter?
Any good negotiation will leave with both parties a little bit disappointed. It is likely that if you accept a settlement, it will result in slightly less money as compared to taking the other party to a court of law. However, there are many advantages to this. Settling usually takes far less time as compared to going through the court system. Additionally, it may also be much less expensive for you to take a settlement as compared to paying for attorney fees for a long period of time.
What remedies should I be looking at?
A ‘remedy’ in legal terms means a way of resolving disputes. In civil cases, the most common remedy is a monetary payout. However, depending on your case this may not be the only option. For example, in a personal injury case, a potential remedy would be for the offending party to institute rules in order to ensure that other individuals do not suffer the same way that you did. If you are willing to accept non-monetary remedies, you may find it easier to settle your civil case.