A Civil Litigation lawsuit is between two private parties, they can be companies or individuals, and the suit can be over any of a plethora of reasons such as: breach of contract, car accidents, and sometimes even dog bite cases. One of the most critical decisions you'll make during a civil litigation lawsuit is whether to settle or go to trial. Both options have their advantages and disadvantages, and choosing the right path can greatly impact the outcome of your case. In this blog post, we'll explore the factors that can help guide your decision between settling and going to trial.
First, let’s understand what it means to settle a lawsuit. Settling a lawsuit involves reaching an agreement with the opposing party before a trial takes place. This can be before or after hearings, mediation and arbitration have occurred, or even at the start of a Civil Litigation lawsuit. Here are some of the benefits of settling and when it would be a good idea to settle your case:
Certainty and control: When you settle, you have control over the outcome. You and the other party negotiate the terms, which can include financial arrangements, confidentiality agreements, or other specific provisions. This control can offer peace of mind and predictability.
Cost savings: Litigation can be expensive. Be mindful of your budget as settling early can save you the substantial legal fees, court costs, and other expenses associated with a trial.
Time efficiency: Trials can drag on for months or even years. Settling allows for a quicker resolution, reducing the emotional and financial toll of a prolonged legal battle.
Privacy: Settlements often come with confidentiality clauses, shielding sensitive information from becoming public record.
Now, while settling has its merits, going to trial might be the best option in certain situations. Going to trial takes hours of preparation and research from your attorney, so you never know what they might uncover or what law they find that might relate to your case to build a better argument for trial. Below are some of the potential benefits and scenarios for when taking your case to trial is a good idea.
Injustice or unreasonable demands: If you believe the opposing party's demands are unreasonable or if you have a strong case, you may want to take your chances in court to seek a fair resolution and vindication.
Preserving legal rights: Some legal rights can only be protected through a trial. Going to trial may be necessary for establishing legal precedent and protecting your rights in the face of an unjust claim.
Default and Wage Garnishment: If you fear that a default judgment will result in wage garnishment, going to trial may be your best chance to avoid this outcome. Defaulting means not responding to the lawsuit, allowing the other party to win automatically.
Protection of assets, including your home: In some cases, your home may be at risk if you lose a lawsuit. Going to trial allows you to present your case and potentially avoid such dire consequences. Such as getting a lien put on your home from a civil litigation lawsuit.
A common question most people have when they find they’re being sued is whether your home is at risk. While losing a lawsuit can lead to judgments that include wage garnishment or asset seizure, the rules vary by jurisdiction and the nature of the lawsuit. Consult with an experienced Civil Litigation attorney to understand the specific risks and protections available in your situation. In many cases, homestead exemptions or other legal protections may shield your home from seizure.
The decision to settle or go to trial should not be taken lightly. It requires a careful assessment of the facts, your legal position, and your goals. Consulting with an experienced attorney is crucial in making the right choice so that they can help you understand the lawsuit and protect your rights and assets. This will help you navigate the legal process effectively and make informed decisions that serve your best interests.
