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Steps in a Trial Most civil cases are settled by mutual agreement between the parties. A dispute can be settled even before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the trial, while the jury is deliberating, or even after a verdict is rendered.
Settling out of court is far less expensive than a trial The best first step of any potential lawsuit is to try to work out your disagreement outside of court. The courts agree with this wholeheartedly and in some states require some sort of dispute resolution before you can even bring a case to trial.
According to a paper from the American Judges Association, as many as 97 percent of civil cases that are filed are resolved other than by a trial. While some of these cases are dismissed or are resolved through other means, the vast majority of the cases settle.
Most civil cases are settled by mutual agreement between the parties. A dispute can be settled even before a suit is filed. Part of a dispute can be settled, with the remaining issues left to be resolved by the judge or jury. Criminal cases are not settled by the parties in quite the same way civil cases are.
With an out-of-court settlement, both parties have negotiated control over how much a defendant must pay out. In fact, many states encourage settlement by requiring the plaintiff to pay the defendant's attorney fees if the plaintiff wins less at trial than what the defendant offered to settle.
Why You Should Consider Going to Trial It is common for plaintiffs to have the option to settle out of court without having to go to trial. Finality: A court decision can be appealed, whereas an out-of-court settlement is considered final when both parties agree to it.
Expense. Trials involve attorneys, expert witnesses, extensive depositions during the discovery process, travel, and time. Stress. Settlement may reduce some of the stress that a trial can bring on. Privacy. Predictability. Finality.
Your settlement could be delayed because your case involves large damages, or put simply, a lot of money. In this case, insurance companies will delay paying money out on a settlement until they are confident about it. They will investigate every aspect of the case and every detail of the liability and damages.
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