Individuals who choose to file and pursue a personal injury or wrongful death lawsuit often look forward to the opportunity to find accountability by imposing liability on a negligent individual or entity, but they also hope to recover compensation for the damages that have been unfairly thrust upon them. In their pursuit of closure and a favorable outcome, these individuals usually have a lot of questions. One of those questions often involves how much money may be recoverable. Of course, the circumstances of a case make all the difference, but so, too, can the way a case resolves itself.
Generally speaking, there are two ways that a case can come to an end: either the parties reach a settlement agreement or the case is litigated and a jury makes a decision. Many people question whether or not to settle their case, which is no small decision to make. Before deciding one way or the other, these individuals need to carefully consider a number of factors.
First, how strong is one's case? If it is so strong that success at trial is highly likely, then it is probably worth taking the matter forward to litigation. But if the case is more of a tossup if it goes to trial, then it might be worth considering settling. This analysis often involves closely looking at the strengths and weaknesses of one's own evidence as well as evidence being put forth by the defense, in addition to the historical outcomes of similar cases. It's also beneficial to consider how much money is acceptable to an individual as well as the financial resources of a defendant before deciding whether to take a case to trial.
These are just a few of the many factors that must be taken into consideration before deciding whether to settle a case. A competent legal advocate who is experienced in handling these types of cases will be able to provide a clear sense of any issues with the matters discussed above, including the likelihood of success at trial and the potential amount of damages that are recoverable. Therefore, before engaging in settlement negotiations it might be beneficial to discuss the matter with a skilled attorney.