Should I Go to Trial or Settle?

Should I Go to Trial or Settle?

You should go to trial after careful consideration, with your lawyer advising you, of the risks and benefits.  This is not a decision you must make overnight.  Like any major decision, get all the facts, ask lots of questions and sleep on it.

Here are some considerations that generally cause a case to go to trial:
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• The settlement offer is too low.
• A favorable outcome above the amount offered to settle is likely.
• There are fact question about legal responsibility for the Jury to decide.
• The defense lawyers cannot agree on who should pay and how much.
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Here are some considerations that generally cause a case to settle:
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• The settlement offer is within the range of reasonable outcomes.
• The defense has done a good job tearing down the Plaintiff's case.
• The Plaintiff simply needs to get the case over and done.
• The Plaintiff cannot risk getting less than the amount offered in settlement.