Are you currently involved in a legal dispute? Or are you thinking about entering into the legal sphere due to a personal injury issue? If you answered yes to one of these questions, it is important to understand some of the legal terminology that is used including the terms “litigation” and “settlement.” These are both options for how legal cases come to an end, however, they are very different outcomes and provide each party with different challenges and benefits.
What Is Litigation?
Litigation is the process that results when a person begins a civil lawsuit and their case goes to court. This can also be referred to as “going to trial.” Litigation involves two legal parties displaying evidence in front of a judge or panel with the intention of resolving a dispute. Litigation is typically the last possible result of a dispute that comes because the parties are unable to come to an agreement outside of court. Litigation is what most people think of when it comes to the law, as it is the common legal resolution to be portrayed in movies and television shows.
What Is Settlement?
A settlement is when both parties are able to come to a resolution before the case goes to trial. Sometimes settlements are reached as court proceedings begin, but they will immediately cause the proceedings to cease. A settlement includes a dismissal of the charges against the defendant and usually involves some sort of cash payment or another type of satisfaction for the plaintiff. The last thing to understand is that settlements are usually kept private.
Which Is More Common?
Settlements are wildly more common and occur much more frequently than cases going to trial. In fact, 97% of all legal cases are able to be resolved through settlement and never have to go to trial. The remaining 3% go through litigation and can take way longer than any case resolved in a settlement due to the constant back and forth and the potential for an appeal.
When To Choose Litigation Vs. Settlement
Sometimes, you and your legal team won’t have much choice between litigation and settlement because you are trying to find a solution with someone else looking out for their own interests. However, it is universally understood that settlements are typically easier, less expensive, and more favorable in most situations. However, listen to your attorney and make sure that you make decisions that seem to make the most sense for you.
Are You In Need Of Legal Assistance?
If you are considering starting a personal injury case or have been involved in a case already and are in need of legal assistance, we at Lebaron & Jensen are at your service. There are many twists and turns in the legal arena and it is so important to have a qualified attorney on your side to help guide you through and take proper care of your interests. We have extensive experience with personal injury cases, as well as situations in other areas of law including estate planning and real estate law. Feel free to reach out to us today for more information or to schedule an appointment.