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What Factors Make it Harder to Settle a Civil Case?

Business litigation attorneys represents individuals and companies who are involved in business disputes. Our goal is to represent our clients assertively, to help them to understand their rights and the worth of their case, to conduct investigations to make a strong claim, and to help clients get the best overall outcome in their case. Often, the best way to get the most favorable outcome possible is to negotiate an out-of-court settlement. A settlement allows for certainty as you eliminate the chances of losing in civil court. A settlement also allows you to avoid time, expense, and publicity that goes along with a court case. What Factors Make it Harder to Settle a Civil Case?

While settlement may be preferred for many types of business disputes, unfortunately it is not always possible to settle every civil claim. If you are not able to reach a settlement, your case will go to court and you will need to be able to prove your claim if you are the plaintiff or to successfully prevent the plaintiff from proving a claim if you are a defendant.

Brown & Charbonneau, LLP represents companies both who are suing and who are being sued. When you need an Irvine business litigation attorney who has the negotiation skills to settle a case and the litigation skills to fight in court when you can’t settle, we are the firm for you. Give us a call as soon as possible so we can start building evidence, making a strong claim, and working on negotiating a settlement that works for you.

What Factors Make Settling a Civil Case More Difficult?

According to a paper from the American Judges Association, as many as 97 percent of civil cases that are filed are resolved other than by a trial. While some of these cases are dismissed or are resolved through other means, the vast majority of the cases settle.

Settlement gives certainty to both plaintiffs and defendants. Defendants can control their costs, avoid a rogue jury giving a very large verdict, and avoid having to pay defense costs. Plaintiffs also benefit from a quicker resolution to their case and from knowing what they will receive before they agree to the settlement.  With benefits for both parties, it is common for negotiations to eventually be effective in resulting in a settlement- especially if both parties to the disagreement are represented by attorneys so they understand their rights and have a good idea of what the case is actually worth.

Despite the fact settlement is common and has significant benefits, it is not possible in every situation. Some of the factors which can make settlement much more difficult and reduce the chances of a successful settlement include:

  • Weak evidence on the part of the plaintiff. While some companies will pay a small amount to resolve nuisance lawsuits, defendants usually won’t settle if they believe they can get a case dismissed and they are less likely to settle if they are confident that they will prevail if the case goes to court.
  • Unreasonable expectations. If either the plaintiff or the defendant involved in the case has an unreasonable idea about what the appropriate remedy should be, the parties to the dispute may be too far apart to reach a settlement. This is why it is helpful for both parties to be represented by a lawyer who can explain what they could expect if they litigated the case.
  • Unwillingness to compromise. If plaintiffs or defendants are motivated by anger or are confident in their rightness, they may be unwilling to compromise even if it might be the best thing for them to do. Having a lawyer advising you can help you to ensure that you are not motivated by your emotions but that you make the best decisions for the long-term.

If you are involved in a dispute, you should get legal help right away so you are prepared to negotiate aggressively for a fair settlement and so you are also ready to go to court if needed to get the remedy you deserve.

How Can a Business Litigation Attorney Help?

The Orange County business litigation attorneys at Brown & Charbonneau, LLP can negotiate on behalf of plaintiffs and defendants involved in a wide variety of different kinds of business litigation, from breach of contract claims to employment disputes to personal injury cases against business organizations.

We have strong skills when it comes to making deals and can often help you to reach a viable negotiated settlement agreement. We are also skilled litigators and are ready to fight for your right to a remedy in court. To learn more about how we can help you to resolve your business dispute in the most effective away possible, give us a call at 714-505-3000 or contact us online.