Should I Go to Trial? The Pros and Cons of an Out of Court Settlement

When dealing with a legal case, you may run into a fork in the road. On one hand, you can look for a fair settlement out of court and begin the recovery process (whatever that may be). Your other choice is to go to court and fight for the compensation you deserve.

It’s not always easy to choose the decision that’s best for you but we’ve got you covered.

Not sure where to start? Don’t worry, we’ve got you covered.

Let’s take a look at everything you need to know about the pros and cons an out of court settlement.

The Pros

The are plenty of benefits of settling out of court, but they may not always be obvious.

Read on to learn more.

It’s Less Expensive

It’s no secret that court fees quickly add up. In fact, a divorce in the US can easily cost over $15,000. So, the best way to circumvent them is to avoid court altogether.

While you’ll still pay fees when using an attorney to help you settle the dispute, you’ll likely save a significant amount of money by keeping things out of the courtroom.

For those without a large budget for legal defense or people with a case that is sure to be extensive, this is likely the best option to take.

If you need money for legal services but can’t afford it at the moment, a pre-settlement loan is a noteworthy option to consider.

More Privacy

If a case goes to trial, all of the court records about your case become public record.

If your case involves sensitive information that you don’t necessarily want others to know, there’s nothing stopping people from accessing this data in the future.

So, it’s in the best interest of both parties’ privacy to come to an agreement before a judge ever gets involved.

More Influence Over the Decision

Since you and your lawyer will come to an agreement with the other party and their lawyer, factors like a judge and jury no longer exist. Therefore, you’ll have a bit more control over the situation.

This increased predictability can significantly reduce the amount of stress your case causes you.

The Cons

Settling out of court does come with its cons, though.

Let’s take a look at a couple of them.

You Sometimes Get What You Get

Without a judge or jury present, there’s nobody to arbitrate the decision.

Since the dispute involves two parties only, you’ll both have to eventually reach a mutual agreement. This means that there’s a chance not all of your demands will be satisfied. 

Less Incentive For The Offending Party to Change

Since the records of your settlement won’t be public, the incident is essentially swept under the rug.

This means that things like neglect from a company owner won’t be publicly known. Similarly, the other party can’t be ordered by the court to make a public apology, change their actions in the future, etc.

If the other party’s future behavior is a concern to you, settling out of court can complicate the situation.

Deciding Whether to Pursue an out of Court Settlement Can Seem Difficult

But it doesn’t have to be.

With the above information about an out of court settlement in mind, you’ll be well on your way to getting the compensation you deserve.

Want to learn more lifestyle tips that can help you out in the future? Our blog has plenty of useful info.