When a lawsuit is filed, the chances are high that the outcome will be an out-of-court settlement. However, not all cases are settled. It can be difficult to decide whether or not to accept a settlement offer.
Points to Consider Before Settling a Case
1. Is this a personal issue or does the case concern a point that is important for society as a whole?
Whether or not any settlement would be acceptable is important to know early in the preparation of the case.
2. How Much Is the Lawsuit Worth?
An attorney with experience in civil trial law in Texas will know the approximate answer to that question. If a settlement generates that amount, there is little reason to invest more time and money in the lawsuit.
3. How Long Would It Take Before Going to Trial?
It often takes years before the case is before a judge.
4. What Is the Attorney’s Honest Assessment of a Trial Victory?
An experienced trial attorney should be able to answer that question, but no trial verdict is a certainty.
5. What Is the Attorney’s Reputation in the Legal Community?
This is important to know. Before deciding to settle or not, consider the attorney’s track record with similar cases. The more highly regarded the attorney is by his or her peers, the more inclined the opposition is to cut their losses and settle. One indication of an attorney’s reputation within the legal community is if the attorney has received recognition as a Super Lawyer or AV Preeminent, a significant peer rating.
6. Would Trade Secrets or Confidential Information Be Disclosed in a Trial?
This can be a very important consideration. One purpose of a product liability lawsuit, for example, may be to discover confidential information, as happened in the tobacco lawsuits. Companies may settle in order to avoid this possibility.
7. If There Was a Judgment in Court, Could It Be Collected?
There have been many court judgments that never generated a penny for the victor. A settlement offer is a money in the bank.
The law firm of Kebodeaux, Hargroder & Alexander has significant experience with civil trial law in Texas. They focus on personal attention to clients and achieving results with teamwork and collaboration. Keith Kebodeaux has been awarded the AV Preeminent Peer Review and named to the Texas Super Lawyers list. Contact KHA Law to find out how they can help you.
