Burlingame, CA Personal Injury Blog

Wednesday, May 6, 2015

Should I settle my case? How you decide.

Personal Injury and Trial Attorney Helping Injury Victims in Burlingame and the San Francisco Bay Area 

Jacob Shapiro, Esq. of Shapiro Legal Group has counseled thousands of personal injury claimants on whether to settle their case.  Sometimes this decision comes when the choice is to either settle or file a lawsuit.  Sometimes this decision comes when the choice is either to settle or proceed with trial.  At any point, the decision requires cost-benefit analysis comparing two options.  It is akin to reaching a fork in the road and deciding which path to take.

Of course no one, even an experienced litigator, has a crystal ball.  No one can predict with certainty what a jury will do or even what will happen to a case during the pre-trial discovery process.   All one can do is use judgment to assess what the potential outcomes are and how often they will occur.  Settlement by contrast is usually more certain.  So there is always a choice between a more definitive outcome and a less predictable one. 

Perhaps the most important aspect to remember is that every case has a monetary result.  Whether positive, negative, or neutral, there will be an economic outcome to every case.  The goal is to have the best economic outcome with appropriate consideration for the risks involved in each option.

The best advice is to not make the decision based on emotion.  It should be an economic decision not an emotional one.  In addition, no choice can be made in the abstract looking at only one of the two options.  A settlement option may not be everything one would hope for but might be a better choice than a trial option putting thousands of dollars at risk.  On the other hand, there are times when going to trial, or filing a lawsuit, is the better option despite the risk because the settlement option is poor or the expected verdict range is substantially better.

Every case requires detailed analysis.  If you are considering whether or not to settle your case or hire an attorney please feel free to contact Shapiro Legal Group.     

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| Phone: 650-274-0180

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