Monday, March 21, 2016

For the Prosecution: 3 Reasons Why You Shouldn’t Settle Your Lawsuit

Originally published by Robert Kraft.

For the Prosecution 3 Reasons Why you Shouldn't Settle your Lawsuit

Lawsuit settlements happen so often they have nearly become a cliché. Often, settlements are offered so a company can save its reputation from the bad publicity associated with a trial. However, there are actually plenty of valid reasons why the plaintiff in a lawsuit may not want to settle. Below are three perfectly good reasons why you may not want to settle your lawsuit.

1. To Create Legal Precedent

Sometimes, individuals have loftier goals with a lawsuit than simply receiving monetary compensation. This often occurs when a plaintiff wishes to change the law to make sure future people are not victimized in the same way. This is known as setting precedent. For example, if a person feels their constitutional rights were violated by their employer, one reason to go to court is to have the question of whether or not the employer’s actions were constitutional answered by a judge. If it is found that the employer did act unconstitutionally and that finding is upheld by appellate courts, it will become the law of the land for that jurisdiction.

2. To Clear Your Name

Sometimes people sue for personal reasons too. For example, if you are suing over slander that was spread around town by someone trying to destroy your reputation, you obviously have a very strong incentive to go to court. If the court decides in your favor, you will be vindicated. Your reputation may recover within the community. However, the terms of a settlement may even prevent you from speaking out on the issue in the future. While you may have the cash settlement, your reputation could still remain tarnished. If you have a strong case, not taking the settlement may be the best option.

3. Settlements Aren’t Always Better

Third, you may actually get a higher cash amount by actually pursuing your lawsuit as opposed to accepting a settlement. According to Quirk Law Firm LLP, civil litigation lawyers from Oxnard, verdicts are often higher than settlements. If your case is strong enough and has plenty of evidence that could sway a judge or jury, going to court may be the best option if what you are most concerned about is receiving the highest level of compensation possible. Juries are especially sympathetic to wronged parties and may be convinced to grant large verdicts if the evidence shows that the plaintiff is indeed the victim.

Overall, you should never make an important decision like choosing to settle out of court or not lightly. Discuss the possibility with your attorney and weigh the possibilities to come up with the best path forward.

This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her four-year-old husky Snowball.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

No comments:

Post a Comment