Whether you are seeking retribution because you have been the victim of another’s wrongdoing or need to defend yourself, your business, or your reputation, the threat of litigation can be an unnerving and daunting process.
Litigation can be expensive so it should be considered a last resort when no agreement can be reached. That being said, your advocate must not be afraid to go to trial if necessary.
Benefits of Settling a Case
- Expense – Jury or bench trials aren’t cheap. They involve attorneys, expert witnesses, discovery, depositions, interviews, travel, and court costs. All these of these costs can be avoided if a settlement is reached.
- Stress – As mentioned, trial can be daunting for a plaintiff/defendant. The thought of depositions or being placed on the witness stand is a situation that many would rather live without.
- Privacy – Trials and the verdicts are public affairs. A person, their business, and life are also placed on trial. Some would rather not have “dirty laundry” aired out to dry in the court of public opinion which would further add to the stress of trial. When a case is settled, most details including money figures, practices, and admissions are kept private. Most all settlements involve a confidentiality clause.
- Out of your hands – Even the most seasoned litigator cannot guarantee what the verdict will be. We can, with experience, predict the outcome of a trial based on past circumstances. However, when all is said and done, it all lies in the hands of a jury. In contrast, when the parties dictate the terms of a settlement, nothing is signed until all parties are in agreement.
- Finality – Even if you win, the opposing party can appeal, further extending time and court costs. Settlements usually cannot be appealed.
Should I go to Trial?
- Unable to Agree – There are times when parties are unrealistic in their offers, refuse to negotiate, or aren’t motivated to settle. The only way to move forward is by a court’s final decision.
- Personal Reasons – Sometimes a plaintiff has a profound desire to correct a wrong. Sometimes a verdict will affect policy or the constitutionality of a law, thereby providing a benefit to the general public as well as to the plaintiff.
- Contingency Fee Based Trial – Sometimes a plaintiff is unable to afford the costs leading up to trial or even a settlement. Contingency fee based cases are cases where the law firm takes on the risk in exchange for a higher payout should they be successful.
If you have been wronged or find yourself a defendant in a lawsuit, you can rely on our expertise, negotiation skills, and comprehensive approach to litigation and settlement processes to give you the results you are looking for.
We can assist you in the following areas of litigation:
- Estate/Probate Litigation
- Financial Litigation
- Contractual Disputes
- Debt Recovery
- Personal Injury
- Employment/Overtime Disputes
- Insurance Litigation
- Landlord/Tenant Disputes
David has experience in many different types of litigation and most recently played an important part of an investigation leading to a landmark, record-setting $16.65 billion settlement between the United States and Bank of America.