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Should You Take Your Case To Court?

Should You Take Your Case To Court?

Sometimes things in our life go wrong, and sometimes, through no fault of our own, they go horribly wrong, and may involve a lifelong, crippling injury, or even the death of a loved one. When this happens, the natural impulse is to see that we suffered a major injustice and setback in our lives, and get the justice we deserve, sometimes with financial compensation as well if it’s required.

In these instances, you may want to take the people responsible to court, as part of a personal injury and/or negligence suit. This is when you should always consider your options carefully, and make sure that you get proper guidance and legal representation in the form of lawyers experienced with these cases, like the partners of A good personal injury lawyer is both a source of knowledge, and a valued guide with your best interests at heart during this challenging time. The lawyer will talk to you, get to know what your concerns are, and then work with you and for you to ensure that the things you need to get on with your life are delivered in a court of law.

Except that sometimes, this isn’t what happens. There are occasions when the people that have wronged you would rather not go to court. There can be many reasons for this, but some instances may have the other party approaching you and your lawyer, offering to provide compensation right here and now, and avoid a trial in court. This is called a settlement, which now brings us to the question, “When you are made a settlement offer, what should you do?”

Why Settlements Happen

Settlements occur for a number of reasons, but there are two very common motivations. The first and most obvious reason for someone to come to you with a settlement is because it’s already clear that your case is strong, and you will, in all likelihood, win the trial. If the lawyers of the other party are already convinced that the evidence in your favor is simply too great, then logic dictates there’s no point in going through the considerable expense of maintaining a lawyer’s services and going to court only to receive an unfavorable verdict at the end of it all.

The other reason that settlements occur is because the press and public knowledge of such a trial may be more damaging to the other party than any monetary consideration. This is especially true for companies that may have their reputation and subsequent business and profits greatly impacted by negative press. In such cases, even if they think they might win the case, it may not be worth it if it means bad press affecting their actual business. This same holds true for prominent individuals with very public reputations. Going to court means the press is allowed to attend the proceedings and anything said in court is public knowledge. Some individuals may not wish to be under public and press scrutiny, and a settlement is a fast way to avoid this.

This brings us to your own situation. If you are going to court and suddenly presented with a settlement, should you accept it or go to court?

Justice Vs Compensation

Much of the answer to this question depends on your personal feelings towards a case, and how your lawyer advises you, based on your wishes.

For example, if you were in an accident where the other party was clearly at fault, and you or someone with you suffered a crippling injury that takes away the ability to maintain the current job, then financial justice and compensation is an understandable motivation. If the other party comes forward with a settlement that is higher than even what you would get in court, and your lawyer is aware of your financial concerns, you may be advised to take the settlement instead and forego the court process, since this will be faster and get you more money.

On the other hand, if a wrongful death was the result, and, hypothetically, the person involved was the family member of a prominent politician who had been in this position before, money might not be an issue. You may be more concerned with the fact that this politician’s family member has negligently caused the deaths of others, caused the death of someone you care about, and, if you take the money, may go on to do it to someone else again in the future.

In this instance, you may be more concerned with justice for your loved one than financial compensation. If that’s the case, your lawyer will advise you to go to court, and make sure that the grievances against the offending party are heard and made public. It all depends on where your motivations lie.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Should You Take Your Case To Court?

Goldman Babboni Fernandez
Murphy & Walsh

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