Experienced Representation In Business Law, Estate Planning And Tax Law

Things To Think About: Settling The Case

Talk to your lawyer about his or her assessment of the case. Consider the following points.

Amount he or she thinks the case is worth in a range of dollar amounts
Verdicts and settlements in similar cases
Chances of winning at trial
Civil trials are open to the public; unfavorable publicity
Amount of personal information that could be revealed at trial
Possible disclosure of business information or trade secrets
When the case is likely to be called for trial
Practical difficulties in trying the case
Weaknesses in your evidence
Weaknesses in your opponent’s evidence
The amount of the defendant’s insurance coverage
The defendant’s own monetary resources
The defendant’s lawyer’s negotiation tactics (your lawyer may have negotiated with the lawyer before, or has talked to other lawyers to get an idea of what to expect)
The extent to which your opponent is likely to play hardball
If you are the plaintiff, ask how much of the settlement proceeds will be applied to your lawyer’s fee and your expenses.
If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.
Talk about what you’re willing to concede in order to get the case settled.
Discuss the minimum amount you will accept, or the maximum you will pay.
Consider the possibility of a partial settlement, that is, settling the easy issues first while you continue to negotiate the knotty issues.
If you are the plaintiff, consider accepting a remedy other than money.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

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