When should we settle the case?
The following is an episode quite familiar to all those who have or have had a process in a court: The lawsuit is presented, it is answered, the process is opened to evidence, both parties carry out the interrogations, documents are exchanged, depositions are made, and other legal procedures are carried out. The process seems to have no end. In today's blog we are going to be talking about what is to settle a case and what is the best time to do it. The settlement of the case is a way to end the process without having to go to trial. It is a negotiation to which the parties involved in the lawsuit arrive, so that one of them, or both, receive compensation, almost always monetary, to end the process. Whether you are on the side of the plaintiff or the defendant, you can ask the other party to settle your case. The settlement request and offer do not have to be accepted. Generally, when one of the parties proposes a settlement, what follows is a long negotiation to reach a common point. The reasons to settle a case or make a settlement can be varied, the most common is to save time in the process. The courts are saturated with processes and obtaining a trial date can take years. If you want your process to finish faster, settling it may be one way. At other times, once the evidence is presented by both parties, your attorney may determine whether the evidence makes a very weak or strong case. In both cases, it is also possible to settle it or make a settlement. If your case is very weak, settling it is the best solution to obtain a benefit, since the judge and / or the jury could deny it at trial; Or if, on the contrary, your case is strong, settling it would give you the opportunity to obtain the benefit without having to incur more procedural expenses and without wasting more time. There are other reasons to take into account when making this decision: the place of the process and the judge who is handling your case, there are judges more inclined to finish the processes in settlement than others; the negative publicity that the case opened in court could give you, the processes are public and you can have access to the allegations, so if you do not want the event that led to the lawsuit to be public knowledge, then the best thing is to do a settlement or settle your case. At all times, the decision to settle or not your case should be discussed with your attorney. Your lawyer will know at what appropriate procedural moment to act, if the evidence really favors you or not, how to negotiate, the best way to obtain the maximum benefit and if it is appropriate to settle your process and end it. If you have legal problems, call us today. The first consultation is free. In Y. Morejon Attorney, P.A. we can help you with your legal process. Here, your problem is our problem.
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