civil litigation

Understanding Civil Litigation: When to Sue and When to Settle

In the legal world, it is common knowledge that most cases are settled before they go to trial. While there are various reasons why individuals choose to settle a case, there are instances when it may be more beneficial for a party to take their case to trial. In this post, we will delve into these situations in more detail and offer a better understanding of the civil litigation process.

What Is a Settlement?

A settlement is a voluntary agreement entered by two parties that ends a dispute and dismisses litigation. It has many benefits, including speeding up the litigation process and avoiding expensive legal fees. 

When Should You Settle Your Case?

Deciding whether to settle your lawsuit will usually depend on your state of mind and your finances. For instance, if you cannot afford to proceed with a lawsuit through litigation, it may make more sense to settle. In addition, there may be other situations where litigation may be too taxing on your mind and heart, regardless of your financial situation. As a result, there are other instances where some individuals may strongly consider settling instead of going to trial, including the following:

When Pursuing a Lawsuit Against Someone Close

Going through a lawsuit against someone you are close to can be mentally exhausting. Since these individuals usually know you well, they can provide their lawyers with personal information that can be emotionally distressing. As a result, many people may choose to settle the case instead of facing this ordeal.

When Potential Financial Damages From Litigation Are Not Significant

Depending on the nature of your case, the compensation a person seeks may only slightly exceed what they would receive from a settlement. After accounting for legal fees and the time sunk into litigation, a slightly smaller settlement may be the better option.

When You Do Not Have Time for a Trial

Many people prefer not to spend years in litigation just to win more money. That is why it is common for individuals to settle when they feel they have received a fair offer, even if it is not as much compensation as they had initially hoped for.

When Should You Sue?

While there are benefits to settling a case, there are times that individuals may still decide to take their case through the whole litigation process, such as:

  • When heading to trial may result in high judgment
  • When the other side refuses to settle for a reasonable amount
  • When the defendant is clearly at fault

To gain a deeper understanding of these options, consider discussing your case with an experienced civil litigation attorney. These legal professionals can assist you in assessing the full extent of financial relief you may be entitled to, as well as in considering other relevant factors to help you make informed decisions about the best course of action for your situation.

Contact Herrera Clifton Hess Today To Review Your Case

At Herrera Clifton Hess, our clients’ needs always come first. We understand the importance of achieving a positive outcome, particularly in personal matters such as civil litigation, which can significantly impact your personal and professional life. Whether it is contract disputes or personal injury cases, our civil litigation attorneys are prepared to offer dedicated and unwavering legal support. Additionally, as we represent both plaintiffs and defendants, we customize our legal approach to align with your specific goals and interests.

For further information about the differences between settling a case and heading to trial, contact Herrera Clifton Hess today to get the answers you need.