Settlement Agreements During Litigation
Many people assume that once a case goes to trial, the possibility of a settlement is off the table. But the reality is that settlement agreements can occur at any stage of litigation, providing a resolution that benefits all parties involved. Consult with an experienced Boca Raton personal injury lawyer to discuss the right resolution path for you.
From Initial Stages to Discovery Phases
Most personal injury cases are settled through negotiations with insurance companies before a lawsuit is even filed. During this phase, your attorney will gather evidence, assess the value of your claim, and negotiate with the insurance adjusters to reach a fair settlement. This approach saves time and resources for both parties and often results in a quicker resolution.
If the initial negotiations fail to produce a satisfactory settlement, your lawyer may advise filing a lawsuit to pursue the compensation you deserve. Filing a lawsuit doesn’t mean the case will necessarily go to trial. Sometimes it’s a strategic move to demonstrate that you’re serious about seeking fair compensation. It also opens the door to further negotiations under the pressure of impending litigation.
Once a lawsuit is filed, both parties enter the discovery phase, where they exchange information including depositions, interrogatories, and requests for documents. During discovery, new evidence can emerge that may prompt both sides to reassess their positions. Settlement discussions often resume during this phase.
Mediation and Settlement Conferences
It is possible for a Florida court to encourage or mandate mediation or settlement conferences as part of the litigation process. Mediation involves a neutral third party who facilitates discussions between the parties to help them reach a settlement.
Settlement conferences, on the other hand, are often led by a judge who provides an objective assessment of the case and encourages both sides to settle. These methods provide structured environments for negotiating a resolution and can lead to a settlement even after litigation has begun.
If mediation and settlement conferences do not resolve the case, it will proceed to trial, but settlement discussions can continue up until the verdict is reached. There are a lot of examples of the pressures and uncertainties of a trial incentivizing parties to settle at the last minute.
After all, settling, even when it happens during litigation, has several advantages.
- Trials are unpredictable, and a settlement provides a guaranteed outcome.
- Both parties have a say in the settlement terms, unlike a trial verdict which is in the hands of the jury.
- Cost-effective. Litigation can be expensive, and settling can save on court fees and attorney costs.
- Time-saving. Trials can be lengthy, and a settlement provides a quicker resolution, allowing you to move on with your life.
To determine the strongest path for your case, whether that is accepting a settlement or going to court, have a conversation with a seasoned Boca Raton personal injury lawyer.
Have you been offered a monetary amount but you believe you have a right to a higher sum? Pushing back and litigating may strengthen your position. Talk to the lawyers at Leifer & Ramirez to learn more, call 561-660-9421.
