ORDER IN THE COURT Going to Trial vs. Settling Out of Court
This month, our team at Shannon Law Group, P.C. is working hard to prepare for upcoming trials. Preparation for trial begins the day a client hires us to represent them. From day one, our job is to compile evidence to support a jury verdict in favor of our clients. Between that day and the trial date, a large amount of investigation occurs. The parties depose liability witnesses and damage witnesses, as well as experts for both sides. By doing so, each side evaluates the strengths and weaknesses of their cases. At our firm, we try civil cases on behalf of people who seek compensation for damages they sustained as a result of the negligence of a corporation or individual. However, going to trial is not the only way to resolve a case and receive compensation. The plaintiff may also accept a settlement offered by the insurance company before trial. If an offer is accepted, the plaintiff forgoes their right to a trial by jury, and the case is subsequently closed. There are benefits to both trial and settlement. The benefit to a trial is that you get your day in court. That is, a jury decides how much you should be awarded based on your injuries and other factors, such as pain and suffering, loss of normal life, and disfigurement. The jury may award you a sum of money larger than what the defendants have offered before the trial.
However, the risks of going to trial must be weighed as well. If the jury finds you over 50 percent at fault, you may walk away with nothing. Further, the costs of putting on a great trial are high. As such, the chances of a significant recovery on your behalf must justify the risk of a jury trial. Most cases will settle because both sides understand the risk of placing the decision of who wins and who loses in the hands of a jury. The plaintiff understands that he or she may lose and the insurance company understands that the jury may award damages to the plaintiff far in excess of what they want to offer. In the last few years, we have had a number of trials where the jury award exceeded policy limits of the defendants’ insurance policy. That is the climate of litigation. Insurance companies will force folks to try legitimate cases before juries, even though it means exposing their insured party to excess exposure. In those cases, the insurance company should have settled the case before trial.
Although attorneys make recommendations, the decision to settle or go to trial ultimately rests with the client.
SEPTEMBER 2018 DATES OF CONSEQUENCE
Sept. 8
Feast of the Birth of the Blessed Virgin Mary
LATE-SUMMER PANZANELLA Panzanella, a Tuscan favorite, is a salad that features hearty chunks of bread instead of leafy greens as its base. What could be better for a late-summer cookout?
Sept. 12
Irish Angels Golf Outing
Sept. 15
South Florida at Illinois Football
Ingredients • 1 small loaf French bread, cut into 1-inch cubes (6 cups) • 3 tablespoons extra-virgin olive oil • 2 large tomatoes, cubed • 2 red bell peppers, seeded and cubed • 1/2 red onion, thinly sliced • 1 cucumber, sliced into rounds • 20 basil leaves, chopped
Directions 1. Place a large sauté pan over medium- low heat and add olive oil. Add bread and 1 teaspoon salt, and toss often for 10 minutes or until toasted. 2. In a large bowl, mix vegetables and herbs. Toss in bread and your favorite vinaigrette and mix again. 3. Serve immediately or let sit 30 minutes to allow the flavors to meld together.
Sept. 21
Ninth Annual Eschtivus Golf Outing @ Tamarack Golf Course St. Francis Father’s Club 3rd Annual Tailgate
Sept. 21
Sept. 27
Feast of St. Vincent de Paul
Sept. 29
Stanford at Notre Dame Football
• Salt, to taste • Vinaigrette
Inspired by Food Network
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