The word “settling” has a negative connotation. We are told to never settle, but when it comes to the law, settling simply means reaching an agreement without going to court. Sometimes an offer of settlement is made before a lawsuit is ever filed. In fact, the victim’s legal team often starts settlement negotiations with a demand letter.
Settling a case has advantages for both the defendant and plaintiff. The defense can avoid the legal costs of going to trial, and keep a relative amount of privacy regarding the case. The benefits to the plaintiff include a guaranteed victory, something never guaranteed in the courtroom or appeals process. Settlement is typically less time consuming and expensive.
Just because an offer is made and there is the potential to avoid civil trial does not mean an attorney is not needed to negotiate on your behalf and make sure that the amount offered is fair. An attorney will also be familiar with tactics commonly used to avoid payment. For example, companies and insurance agencies may try to extend the process of settlement beyond the statute of limitations for filing suit. After this date has passed, there is little reason to offer any kind of payment for damages.
At Scott Mullins & Company, we have years of experience negotiating the best possible settlements for our clients. If a settlement is not possible, we have years of trial experience. Call us today to discuss your claim.