To Settle or Not to Settle
It’s been observed that at least 90% of civil litigation cases settle rather than go through a full-blown trial with a verdict. Most cases settle because most cases should settle. Plaintiffs’ attorneys typically load up with everything they have, while defense attorneys load up their pleadings with every conceivable defense, and then some. There’s quite a difference between pleading facts and actually proving them.
It's the discovery process, using written questions called interrogatories, requests for the production of documents and things, and sworn depositions that isolates, sharpens, and separates the true, strong facts from the allegations.
Settling also saves the parties money. A better deal for each side can typically be had by settling, rather than by grinding one’s way through discovery and a trial. Settling can also make unnecessary calling that expensive expert witness to the stand during a trial.
The settlement also saves in that it makes appeals unnecessary. Although cases can be settled while on appeal, it’s unlikely once you’re past that point.
There are certainly instances in which clients insist on going to trial, and that’s their right. Some cases simply can’t and shouldn’t be settled (the other 10 %).
If you would like a consultation on this or any legal matter, do not hesitate to contact Scaringi Law at 717-657-7770.