You should go to trial after careful consideration, with your lawyer advising you, of the risks and benefits. This is not a decision you must make overnight. Like any major decision, get all the facts, ask lots of questions and sleep on it: Here are some considerations that generally cause a case to go to trial
- The settlement offer is too low.
- A favorable outcome above the amount offered to settle is likely.
- There are fact question about legal responsibility for the Jury to decide.
- The defense lawyers cannot agree on who should pay and how much.
Here are some considerations that generally cause a case to settle
- The settlement offer is within the range of reasonable outcomes.
- The defense has done a good job tearing down the Plaintiff’s case.
- The Plaintiff simply needs to get the case over and done.
- The Plaintiff cannot risk getting less than the amount offered in settlement.