Three Questions About Settling A Lawsuit Answered
Taking legal action against another person can be a daunting and intimidating task. Yet, filing a lawsuit may be the only option for recovering damages that you have suffered as a result of another person's actions. For those that have never been through a lawsuit, the process of settling the dispute can be particularly mystifying. To help you be a better-informed plaintiff, you may benefit from learning the answers to the following few questions concerning settlements.
Why Will An Attorney Attempt To Settle Your Case Out Of Court?
It can be a common mistake for individuals to assume that their attorney is eager to take the case to trial. However, many attorneys will prefer to settle disputes out of court. This can have benefit to both the defense and the plaintiff. In particular, it can help to keep the costs of settling the matter low. Also, settling through negotiation can be less risky because the outcome will not be left to the whims of a jury or a judge.
How Is A Settlement Negotiated?
The process of negotiating a settlement to a dispute is fairly straightforward. Typically, you attorney will first attempt to settle the dispute through informal negotiations with the defense counsel. In many cases, the two attorneys will be able to work out an agreement that is amicable to both of the clients. If the two attorneys are unable to come to an agreement, it will be necessary for your attorney to file the formal lawsuit. While you may think that this will end the chances of settling the dispute without a trial, this is not correct. Many jurisdictions will require the two sides to go through formal mediation, which is another attempt at reaching a negotiated settlement.
Will The Settlement Be Sent To You Or Your Attorney?
When a settlement is reached, you may assume that the check will be mailed to you. However, it will actually be sent to your attorney. This is done so that they can subtract their fee and expenses before disbursing the rest of it to you. If you are concerned about this causing delays in receiving your money, your attorney will likely be able to issue you a certified check. These checks are usually processed more quickly by banks, which can help to minimize any delay that you experience.
If you are in the process of considering pursuing legal action, it is important to understand what you should expect from this process. By understanding the benefits of negotiating a settlement out of court, the process of negotiating these agreements and that your attorney will receive the check initial settlement check, you will be better able to anticipate what to expect from your legal dispute.
For more information, contact lawyers in your area, like those from Lawyer, Lawyer, Dutton & Drake LLP.