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Reasons Why Some Cases Settle and Others Don’t

If it seems like nearly every lawsuit that is filed settles out of court, it is because that actually happens. Each party may have their own reason to settle the case which leads to negotiations and then an eventual settlement.

The Defendant Knows You Have a Strong Claim

For some defendants or insurance companies, settling a claim is a matter of self-preservation and protection. The facts and the law are not on their side and they know that a judge and jury will likely agree with your side of the story. With that in mind, they do not want to take the chance that a sympathetic jury can make a large damages award to you. Therefore, case settlement is a way to limit their risks and try to save them money. It makes little sense to fight a plaintiff who has a meritorious claim unless you simply cannot agree on a settlement amount.

You May Need the Money

You may have a very strong claim on your own. However, personal injury cases take time to make their way through the court system. If you have a pressing need for the money, this could have negative consequences for your finances and your credit. Therefore, you may decide to settle the case so you can have your money more quickly. Las Vegas injury attorneys, however, will caution you never to settle your case for much less than it is worth simply due to financial necessity. Still, you may not want to wait up to three or more years for the money that you are due.

Nobody Wants a Trial, So Many Cases Settle

Litigation is expensive and time-consuming. Beyond that, it is a stressful process that takes over the lives of many people involved. The defendants have an incentive to avoid trial because they will have to pay the costs of their attorney to defend the case. The plaintiff often does not want to go to court because the court is known as a scary place. There is a reason why as many as 97 percent of cases that are not dismissed eventually settle. Very few people actually welcome the prospect of a trial.