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Deciding whether to settle a case or go to trial involves various factors that need careful consideration.
Key Questions to Consider
- What is the strength of your case?
- What are the potential damages?
- What are the costs associated with going to trial?
- How much time will it take to resolve?
- What are the emotional factors involved?
- What is the reputation of the court and judge?
- What are the negotiating positions of both parties?
Case Evaluation Table
Factor | Settling | Going to Trial |
---|---|---|
Time | Quicker resolution | Can take months or years |
Cost | Lower legal fees | Higher legal fees |
Risk | Less risky; guaranteed outcome | Higher risk; chance of losing |
Control | More control over outcome | Less control; jury may decide |
Publicity | Private resolution | Public trial could affect reputation |
Statistics on Settlement vs. Trial Outcomes
Outcome | Percentage |
---|---|
Settled Before Trial | 90% |
Won at Trial | 50% |
Lost at Trial | 50% |
Decision-Making Mind Map
Evaluate the situation:
- Strength of Evidence
- Strong
- Weak
- Monetary Compensation
- High Potential
- Low Potential
- Emotional Impact
- Very Stressful
- Tolerable
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