When two parties are involved in a lawsuit, the case is sometimes settled before the case is heard in court. Otherwise, one or both sides will stand firm, determined to see it through to the final verdict. In civil lawsuits, damages are awarded in dollars. If a case settles, it is the defendant, the person being sued, who must pay the plaintiff, the person suing. This does not mean they are admitting wrongdoing. It simply means they agree to a certain payment to stop the case from moving forward or going to court. There may be other conditions tied to the settlement which makes the agreement possible. Otherwise the plaintiff or defendant will refuse.
Principle
In some cases, parties will never settle. Both parties are stubborn and convinced that they are right on principle. From the plaintiff's point of view, the defendant has done something wrong and the plaintiff is owed. Whether it is money they want or simply an apology, they are determined to get it. Some people hold out for a trial because they truly believe in the legal system and want to see justice served by a jury.
Amount
Many times, it is the price offered that convinces the plaintiff to settle the case. Attorney experience is crucial to know whether it is a fair exchange or not. Holding out for a jury verdict is a gamble for both parties. No one ever truly knows what a jury or judge will do, although some have such a strong case, it may be rather predictable.
While waiting for the case to progress, expenses continue mount with experts, attorney's fees and other case-related costs. For those not working, daily expenses continue to pile up as well. It can be difficult to keep up. Some plaintiffs will opt for pre-settlement funding loan. This is when a legal finance company provides the person money on the condition that it is paid back at the end of the case. For those expecting large rewards from a jury trial, this helps get them through. Rather than settling a case because they cannot afford to go forward, if they are approved, it will tide them over.
Multiple Defendants
Some cases involve a single person suing many people. For example, if a person is injured by a product, they may sue the manufacturing company, the one that sold it and the place of business where they were when they used it. With multiple defendants, the plaintiff's attorney may approach the parties one at a time looking for an agreement. Some may settle, some may not. When there are more defense parties to share the burden of the case's expenses, what each one does affects the other.
Multiple Plaintiffs
Class action lawsuits involve many people suing the same party or parties all based on the same issue. While the individual details may be different, the basic facts of the case and the are the same. As a group, they plaintiffs have a stronger voice. They can collaborate each other's testimony and establish a pattern of behavior by the defendant. There is safety in numbers. Plaintiffs involved in a class action suit may not want to leave the case because it may weaken the standing for the others.
There is safety in numbers. Plaintiffs involved in a class action suit may not want to leave the case because it may weaken the standing for the others.
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