Why cases are settled out of court

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Quick Assessment. Written by. Tim Miley. View Sources. Subscribe to read more of our articles. Get up to date information about laws in West Virginia and injury lawsuits. As seen on:. Contact us. Get Free Consultation. All Rights Reserved. Sitemap Privacy Policy Disclaimer. Compensation for damages done, whether it is for medical bills, surgery, lost wages, or pain and suffering, is one way of achieving justice.

Plaintiffs should be aware that, if defendants want to settle out of court, it may be because the plaintiffs have an excellent case. Sometimes defendants seek to limit the damages the plaintiff might be awarded in court by offering a lower amount than the court might award.

Sometimes, plaintiffs will offer a low settlement out of court to see if the plaintiff will accept it. They may reason that the plaintiff would rather have the money relatively quickly than wait for a court case.

In either case, an out-of-court settlement can be a negotiation tactic used by the other side, and it can result in a lower settlement amount than a court case would.

Most damages in a case are compensatory— that is, they compensate you for losses or damage. If a defendant has harmed you or a loved one severely, you may gain psychological closure from finding a verdict that goes against them — and for that matter, from a court case in which behavior and actions or lack of actions are made public and testified to.

The decision of whether to accept a settlement out of court or not is not an easy one. Your attorney can advise you on the most prudent course of action, so you can make a determination of which is the best for you. Personal injury cases can be complex, and the decision of whether to settle or proceed to trial is not easy. An experienced personal injury lawyer can advise you of your rights, the merits of your case, and negotiating with insurance companies and attorneys.

Contact us today to discuss your case. The fact is, there are pros and cons in settling out of court in West Virginia. The Pros 1. Pure negotiation is often the first step in evaluating a case and the potential for settlement, as it is often the first exposure to the full argument of the other party.

While there is no guarantee that the parties will reach an agreement through negotiation, it can play an important role as the springboard to other options for a settlement. A negotiation will typically involve the following steps:. Negotiation is a particularly great option with the parties to a dispute need to gather information about the other parties, there is a time crunch, or the other party is resisting other forms of dispute resolution.

However, because it can lack structure, many parties struggle to reach an agreement and power dynamics can overwhelm the parties.

Facilitation is less of a dispute resolution process and more of a way to identify and solve issues within a group; however, it can be a helpful process to help the parties move toward settlement or even settle.

Facilitation is led by a third party who is called the facilitator. This person will guide the conversations and help the group to identify issues and consider solutions. While the goal of facilitation is not resolution, but to begin a fruitful conversation, parties will often find a workable solution as they discuss and find the root cause of the issues.

Facilitation will often involve the following characteristics:. Facilitation is a great option for complex cases, cases where there are underlying issues that need to be identified, or cases where there is a chronic conflict that has not been addressed.

It is not suited for cases that are complex because of legal issues, as the law will likely need to play a role in the settlement. Mediation is usually the most common and most familiar form of dispute resolution.

Mediation is a formal negotiation process that involves the presence of a neutral third party called a mediator to oversee the process and help the parties move toward a settlement. Mediation gives control over the outcome to the parties while still providing the structure of a process and a designated time and place to negotiate. Mediation also ensures that the process is neutral and fair, keeping the parties focused on how to resolve the issues at hand—an important aspect that pure negotiation lacks.

This process will usually be voluntary, meaning that the parties will need to agree to participate in mediation; however, courts may require the parties to participate in mediation if it could resolve the case. Mediation typically involves the following characteristics:.

Mediation is helpful for disputes where the structure is needed or where the parties are close to an agreement on their own but need guidance. It will often not work when the parties are influenced by outside parties or when the parties are not able to fully speak for themselves.

Conciliation is very similar to mediation; however, instead of letting the parties come up with solutions to the issues, conciliators will suggest solutions that may work for the parties.

The process seeks to encourage the parties to be conciliatory and work together to create a solution. The goal of conciliation is to provide a space for the parties to preserve their relationship.