When a person sues someone in a lawsuit, they are called the plaintiff. They are seeking damages from the defendant because they were harmed due to the other party’s negligence, carelessness or something done on purpose. The plaintiff is seeking justice.
These cases don’t always go to trial in court. Sometimes they end before that in a lawsuit settlement. Settling a case means that the plaintiff and defendant both agree to a certain amount of money to end the legal battle and not go to trial in court. Both parties usually have attorneys. The attorneys will negotiate back and forth to try to end the case before it goes to trial.
Legal Expense
Trials are usually more expensive for both parties than settling a case. Trying a case in court requires preparation, witnesses and experts. The experts must be paid. In some states, the witness must be compensated for travel expenses and time missed from work to attend depositions and appear in court.
The attorneys must conduct a great amount of research on both laws and facts in order to put a case together to do a good job representing their clients. They are paid by the hour. Every phone call, fax and amount of time spent preparing the case is tallied.
When a plaintiff has no money, the legal funding is often compensated by the outcome of the case. If the plaintiff loses, the attorney does not get paid. This is called a contingency. There are, however, many attorneys that will not work on contingency. They want to be paid for their work whether their client wins the case or not.
Settlement
By settling a case, the defendant agrees to pay the plaintiff a set amount of money. This is often how the plaintiff’s attorney will be paid, from a percentage of the lawsuit settlement.
Reason
The defendant may agree to settle the case for many reasons. It may be cheaper to agree to pay the plaintiff than to continue racking up legal expenses and spending a lot of time and energy on the lawsuit. Even if the defendant thinks they have done nothing wrong, it may be easier to pay out money just to make the case go away.
The defendant may think it is easier to settle the case than to be hit with a whopping verdict worth lots of money if the plaintiff wins. If the defendant is not sure they can win the case, they will probably settle if the plaintiff is not asking for too much money.
The plaintiff may wish to settle the case because they do not want to relive all of the facts of the event that caused the lawsuit. They also may be concerned about winning the case when an independent judge or jury must decide on a verdict.
Regardless of the outcome of the lawsuit, both the plaintiff and defendant are seeking a fair outcome. Sometimes, a lawsuit settlement is the best way to do that.
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Article Source: www.articlesnatch.com
