Should You Offer a Settlement if Your Company is Sued?
If your company is sued, you need to talk with Orange County trial lawyers. Attorneys with trial experience can help you to determine what your best response is to a business lawsuit. One of the possible responses that you may wish to consider is offering a settlement. However, a settlement is not appropriate in all circumstances so you should make certain to get legal advice before you make a decision on the right approach to take.
Brown & Charbonneau, LLP can provide you with assistance in responding to a lawsuit against your organization. Our legal team is prepared to help you negotiate a settlement, resolve your dispute in arbitration, or litigate your dispute in court to defend your company. Give us a call today to find out the ways in which Orange County trial lawyers can assist you in responding to any and all claims made against your company.
Should You Offer a Settlement?
According to reports in the Journal of the American Judges Association, around 97 percent of cases are resolved by some means other than a civil trial. Settling is one of the most common ways that cases are resolved.
If your company is sued, you will need to make a decision on whether you wish to pursue settlement or whether you want to move forward with defending your organization in either litigation or arbitration. If there is an arbitration clause in a contract with the person who is suing you, you can force the claim to be decided in arbitration. If there is no arbitration clause and you do not settle, you likely will have to defend against the lawsuit in court.
Many companies would prefer to stay out of court proceedings as a result of potential legal costs, uncertainty, and possible damage to their brand that can come from the publicity of litigation. Settling can allow you to avoid court, provided that you are actually able to get the person or entity who is suing your organization to agree to accept your settlement offer.
When you offer a settlement, you need to determine an appropriate amount to offer. You will likely negotiate back and forth with the person who has made the claim against your business. You should agree to pay out a settlement only if you are comfortable with the terms and wish to avoid the possibility of a larger civil court verdict. You should make certain that the potential plaintiff who you are settling with signs a release of liability so you do not face the threat of potential future claims arising out of the same issues. You should also consider requiring a confidentiality agreement as a part of your settlement so you can keep your dispute private.
If you do settle, you give up the potential to clear your company’s name and to avoid a payout to the person who is making accusations against you. You should not take the issue lightly, as your company does not want to face financial loss due to paying out settlements if you don’t have to.
How to Decide Whether to Sue or Settle
Deciding whether to sue or settle can be a complicated process. The factors that you should consider in making an assessment of whether to settle include:
- Whether the claim can be resolved in litigation or whether an arbitration clause necessitates resolving the matters at issue through the arbitration process.
- The strength of possible evidence against your organization and the strength of counter-evidence.
- The defenses you can raise or legal arguments you can make to try to avoid a verdict against your company.
- The potential damages that could be awarded if you lose the civil case.
- The cost to settle.
- The costs associated with going to trial including legal fees and fees for expert witnesses.
- The possible damage to your company’s brand resulting from litigation.
These are a few of many factors that Orange County trial lawyers can assist you with evaluating as you make the decision regarding whether you should offer a settlement or should proceed with litigation or arbitration when a claim has been made against your company.
Getting Help from Orange County Trial Lawyers
Orange County trial lawyers at Brown & Charbonneau, LLP can provide you with the assistance you need to decide whether to sue or settle. This important decision could affect your company’s finances, reputation, and future. Give us a call at 866-237-8129 or contact us online to find out more about the ways in which an attorney can help you to address disputes head-on when your company is sued.