Pros and Cons of Settling Out of Court

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When you are dealing with a claim related to personal injury, malpractice, or other legal need, there are two options for settling the claim—either in court or out of court. Both methods have different pros and cons, and both methods should be weighed heavily to ensure you are receiving the full benefit or understanding of the law.

Settling out of court has several benefits to the plaintiff. Settling out of court typically means the plaintiff will receive a one-time payment, and the defendant will not admit fault for the claim that has been raised against them.

Settling out of court avoids the stress and heavy time commitment of a trial in court. Another pro is that you typically avoid much higher costs and representation fees that are typically involved when a case is taken to court. Taking a case to trial is a much slower process, and settling out of court is a quicker resolution to your particular claim. One additional reason why settling out of court is more common than in court is because the plaintiff knows how much money or settlement they will receive.

However, settling your case out of court has some cons, namely that the monetary amounts may be smaller overall than what a jury of peers would award for damages. For those who want the guilty party to truly admit wrongdoing in front of a judge and everyone else, settling out of court may not be ideal as the defendant does not admit any wrongdoing. Settlements out of court are typically confidential as well, so if you are hoping to use a platform of a court of law to elevate your message and help others avoid similar mistreatment or wrongdoing, going to court may be the best solution for your case.

A consultation with Franco Law Firm can help you determine whether settling inside or outside of court is feasible for your particular claim. Each case is different—its circumstances, needs, and level of fault involved. Hiring a qualified attorney to address your claim and give you seasoned, well-intended advice is a critical part of deciding how to settle your claim.

 

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