Understanding Settlement Negotiations
Litigation is unpredictable and expensive, which is why the vast majority of civil cases are resolved through settlement negotiations. Understanding this process can help you set realistic expectations.
The Negotiation Process
Negotiations can happen at any time, from before a lawsuit is filed until the moment a verdict is read. Typically, attorneys will exchange demand letters and counter-offers, often backed by evidence uncovered during discovery.
Calculating Value
Determining a fair settlement involves assessing economic damages (like medical bills or lost wages) and non-economic damages (like pain and suffering). A skilled attorney weighs these against the risks of trial to advise you on whether to accept an offer.