The vast majority of civil cases are settled before trial. This is simply because, in most cases, both sides predict an outcome within the same range of possibilities. Both sides also wish to avoid the expense and uncertainty of trying the case. When a case goes to trial, one side wins and one side loses. When a case settles before trial, it is, by definition, a compromise. The plaintiff settles for less than what may have been won at trial, but is guaranteed payment; the outcome of a trial is never certain.
A settlement is usually beneficial to both parties, and, in fact, a favorable settlement is usually what our clients want and expect. However, LaGarde Law Firm does not negotiate “quick settlements” for less than what our clients deserve. We accept cases that we believe we can win at trial, and we make sure that we are prepared to take them to trial. After a lawsuit is filed, then both sides will go through a discovery process, in which evidence is exchanged so that both sides understand the strength of the case. At this point there is an opportunity for settlement negotiations. We have found that our willingness to take cases to trial puts us in an ideal position to negotiate the best possible settlement agreements for our clients.