When Should Settle Out Of Court & When Should You Go To Trial In Florida?
Michael Babboni
Law
It is an unfortunate reality of life that some people will face the possibility of a major dispute that will require some official intervention to resolve it. Most of the time, when people disagree, it’s possible to resolve the dispute through discussion, or even sometimes simply to go separate ways and never interact again.But in a case such as wrongful death, or personal injury, an aggrieved party may be owed compensation for what has happened, while those accused of being responsible disavow any accountability. When a resolution is not possible, official channels must be pursued. One is a civil lawsuit with a trial in court, while the other is an out-of-court settlement through mediation or arbitration. But which is right for you?
The Court Trial
Most people are at least familiar with the court system through media such as fiction, film, and television. A civil lawsuit is where an aggrieved party seeks to put official, legal accountability on the person or group responsible for an injury or wrongful death. If the court’s verdict favors the plaintiff, the outcome is now a matter of public record and thus legally enforceable.
The Out Of Court Settlement
The disputing parties can do this in a few ways. One is through mediation, where a third party conducts a meeting between the two, and negotiations conclude once a resolution has been reached that both parties agree with. An arbitration is similar to a trial but doesn’t occur in a courtroom. However, evidence is presented, arguments are made, and the arbitrator, acting as a judge, renders a final decision that both parties must abide by if the choice has been made to conduct a “binding arbitration,” which is legally enforceable.
In either case, one of the conditions of mediation or arbitration is usually at the conclusion, and no further lawsuit actions will be taken.
Why Go To Court?
There are sometimes compelling reasons for a dispute to get officially settled in court. Much of this depends on the motivations of the plaintiff, but some of the more important motivations are:
Public Knowledge
In some cases, the most important aspect of a resolution dispute is getting the word out in public. For example, suppose a company has produced a defective product that has caused injury or death. In that case, the accident victims may want a public trial to put a spotlight on the company and not only get the compensation they’re owed but use the public venue to force the company to change its ways.
More Compensation
Another motive for taking a grievance to trial is the possibility that a jury, if they are sympathetic, will award much higher compensation in their final verdict. Punitive damages and other forms of compensation, such as emotional distress, can add to the total damages awarded to a victim.
Why Settle Out Of Court?
However, there are also good reasons why an out-of-court settlement may be the way to move forward as well, such as:
Faster & Cheaper
Court schedules are packed, meaning it can be months or even years before a case finally has its day in court. This is exacerbated by the high costs of a trial, not just in legal fees for the lawyer but the bureaucratic processing the legal system demands. Out-of-court settlements take place on a much faster basis and cost less.
Confidential
If you are concerned about some information being made public that may be embarrassing or damaging; settlements lack the enforced transparency of a trial.
If you’ve been injured and are trying to decide which route is the right one to pursue, talk to an experienced personal injury attorney and get the guidance you need to make the right decision.