The vast majority of civil cases are resolved before trial, either by a court order (for example, when the judge grants an injunctive motion filed by one of the parties) or through an agreement between the parties. To avoid the costs and delays of holding a trial, judges encourage litigants to try to reach an agreement that resolves their dispute. Courts encourage the use of mediation, arbitration and other forms of alternative dispute resolution, designed to resolve a dispute without the need for a trial or other judicial proceeding. As a result, litigants often accept an “agreement””.
If no agreement is reached, the court will schedule a trial. In a wide variety of civil cases, either party has the right, under the Constitution, to request a trial by jury. If the parties relinquish their right to a jury, then a judge without a jury will hear the case. It may come as a surprise to people considering filing a civil lawsuit that most civil cases are resolved before proceeding with the judicial process.
A court order can also resolve a case before the trial begins. Even after a case has been filed, the parties to a civil case can reach a mutually agreed agreement before the trial begins, while the trial is taking place, while the jury deliberates, and as late as after the verdict has been issued. Civil cases can be time-consuming, costly and emotionally draining. Most civil cases are resolved out of court because both parties realize that it is the most efficient way to resolve the dispute. Out-of-court settlements also avoid the risk of an unfavorable verdict from a jury or judge and reputational damage.
An experienced personal injury attorney can help you evaluate your case and make an informed decision about whether accepting a settlement offer is in your best interest. Contact the personal injury attorneys at Saladino & Schaaf at 270-444-0406 (Paducah, KY) or 270-753-1529 (Murray, KY) for a free legal consultation today. Request a Free Consultation with White Law PLLC and let us help you resolve a civil case that provides the best possible outcome. Saladino & Schaaf, PLLC is dedicated to providing aggressive, high-quality legal representation to victims of personal injury and wrongful death.
If you're considering taking a civil action against someone, let White Law PLLC work to ensure the best possible outcome in a settlement that provides you with a way to recover from the damages you've suffered. The goal is to never settle for less than what it cost you financially, which can be difficult without the help of an experienced Okemos Michigan civil litigation attorney. An agreement provides each party with an opportunity to have an opinion and to allow some control over the outcome of a disagreement. The resolution may stipulate that the terms of the agreement, specific tests, or monetary compensation be sealed from public knowledge.
Reaching a settlement may have specific advantages that apply to your particular situation and that an Okemos civil litigation attorney can discuss with you. If the client is not comfortable taking the risk that the jury will not listen with compassion and will not understand what the client has really suffered, reaching an agreement is the best option. The quality of the legal services to be provided is not guaranteed to be higher than the quality of the legal services provided by other attorneys. An experienced attorney can provide you with guidance on whether accepting a settlement offer is in your best interest.
Ultimately, the direction of the legal action is in the hands of the client and must be based on a thorough evaluation of the situation by a specialized Lansing civil litigation attorney who takes into account their interests. In my opinion, the main reason for reaching a pre-trial agreement is that the plaintiff doesn't want to go through the mess of having a judge and jury thoroughly examine him.