How to Know When to Settle and When to Go to Court

Civil lawsuits have multiple stages to them and can result in one of a few ways. Typically, the parties involved in a civil case, such as a personal injury or workers’ compensation case, want the case to end as quickly and as smoothly as possible. One way the party being sued might try to end the case is to offer the other party a settlement. This means that they would pay out a single, lump sum in exchange for dropping the case. While this may seem tempting, it is not always recommended to take the settlement and instead take the case to court and try to win more. How can you tell the difference and determine the best strategy for your case?

As a rule of thumb, you should never take a settlement that is less than what your case is worth. What exactly does this mean in practice? If you believe that your case is worth a higher amount than the settlement that is being offered to you, and you feel that you have a high chance of winning it, then you should reject the settlement and take it to court. If you feel you couldn’t get more than the offer, or that you have a relatively low chance of winning, then you should take the settlement. You also have the option of making a counter-offer and try to receive a higher settlement, but you shouldn’t do this unless you are prepared to go to court if it is denied.

The hardest part of knowing when to settle and when to go to court is determined what your case is worth and what your chances of winning are. You should never try to figure this out on your own and, thankfully, you don’t have to. We at the Franco Law Firm are always here to help you determine the best course of action in your case and see that you receive the most amount possible. To schedule a free consultation with us today, please feel free to call (813) 872-0929.