When you weigh litigation versus pre-litigation settlement, several important factors come into play. Before you decide whether to accept a settlement offer or file suit, consider three things. They are the economics, or cost, the time involved, and the upside compared with the downside.
The Cost of Going to Trial
Filing suit may raise the contingent fee percentage that the plaintiff pays the attorney. Many fee agreements increase that percentage once the attorney files suit or tries the case. The exact terms depend on the agreement. Naturally, the attorney does more work litigating a case than settling it early. That increase makes sense, yet it still stings. Therefore, you must weigh it against a reasonable pre-suit settlement offer. Other litigation costs add up too. They include filing fees, deposition costs such as the court reporter, expert witness testimony, travel expense for the lawyer, and more.
The Time Litigation Demands
Litigation can also stretch out for a long time. In some jurisdictions, a case may take years to reach trial. Other jurisdictions move faster. Even so, harder-to-define delays still arise. For example, you may struggle to serve the defendant, or the court may impose its own delays. You should also consider how much time the process takes out of your life. That time includes depositions, interrogatories, and the trial itself.
Weighing the Upside Against the Downside
Finally, calculate the potential upside versus the downside of going to trial. Is the case realistically worth more than the pre-suit offer? To answer that, factor in the increased fee, the costs, and the time required. The result may favor trial, but discuss the question first with a qualified attorney. A lawyer who knows local jury verdicts and the trial system can guide this important decision.
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