Why does a judge prefer a settlement rather than a lawsuit? Judges often prefer settlements to trials because they save time and resources, reducing the court's workload. Settlements provide a predictable outcome and help avoid risks associated with unpredictable jury decisions. Settlements are significantly faster than a personal injury trial. On average, an agreement will take three to six months to complete. On the other hand, a test takes twice as long to complete.
Settlements are often faster, more efficient, less costly, and less stressful than going to court. The best part of reaching an agreement and not going to trial is that compensation is done much faster without having to go through a long, exhausting, slow and often excessively expensive trial in court. Deciding whether to reach an agreement is a calculated risk. You should consider the advantages of guaranteed money versus the possibility of receiving less or no money.
In all cases, we consider several variables to arrive at an expectation of the value of a case. We consider the injuries and treatment provided, future medical treatment, the economic or monetary damages at stake, our client's age and family status, earning capacity, the way in which our client's case will be presented before a jury or judge, and, ultimately, how the facts of the case have developed. We also take into account the legal strength and geographical economic climate of your community, as well as the way in which a jury or judge may react to our events. Not all of the facts of a case become evidence, so we consider what the actual evidence in the trial will consist of.
Once we have determined what the fair value of your claim is, based on our years of knowledge and experience, speaking with the jurors after the verdict and obtaining the judges' decisions, the next step is to consider who is on the other side and whether there is sufficient insurance coverage or assets. By reaching a settlement, you'll be sure to receive a certain amount of money for your injuries. On the contrary, if he went to court, he would leave his fate in the hands of the jury. You could even lose a case. When you reach a settlement, you can at least guarantee that you will receive compensation to cover your injuries.
In the video above, I talked about what the plaintiff's risks are in the trial and what the potential rewards are in the trial. The main difference from the point of view of risk is that, when reaching an agreement, it is safe to obtain some kind of result, some compensation for damages. There are no guarantees with a trial: you will win or lose the case.