Will My Case Go To Trial?
Lawsuits are complicated and nuanced matters that differ case to case. Indeed, no two cases are exactly the same. As said with history, cases will not repeat itself, but cases may likely rhyme. The attorneys’ job is to advise a client of the legal issues and a course of action in the best interest of the client. To that end, just because a case is filed does not guarantee that the case will go to trial. There are numerous factors to consider when determining whether or not to go to trial on a particular case.
A vast majority of cases filed settle as opposed to go to trial. There are many different reasons why cases settle and it is dependent on the particulars of each matter. Although cases are more likely to settle rather than go to trial, before one brings a lawsuit, one needs to be prepared to go to trial. It is important going into a lawsuit, that one knows that one may need to try the case and not be deterred simply because the case has not settled or does not look like it is going to resolve prior to a trial.
As mentioned, cases settle for a multitude of reasons. In fact, the parties are sometimes even encouraged to explore ways to resolve matters without a trial. This is because settling a matter prior to a trial can be beneficial to the parties and help judicial economy. There are mechanisms utilized by the court and the parties to help facilitate settlement. For instance, the parties may need to partake in mediation or arbitration. Generally, mediations are not binding on the parties, but the outcome of an arbitration may be binding the parties. For more on the differences between mediations and arbitrations, please read “What is the Difference Between Arbitration and Mediation?”
To answer the hypothetical posed in the name of this blog, no one knows. Each case is different and the facts and circumstances surrounding each claim haves a large influence as to whether a claim goes to trial or settles. That said, it is important to be prepared for the case to go to trial. At the end of the day, it is essential to know that pursuing a claim may be a long and tedious process and no two claims are exactly the same. When pursuing a lawsuit, one needs to be prepared to make the difficult decisions in relation to the claim whether that be resolving the matter or going to trial.