Determining if a Case Will Go to Trial
As many people already know, the vast majority of lawsuits settle before they go to trial. Most parties do not want to deal with the costs associate with taking a case to trial, since parties usually need to spend large sums on experts, attorneys’ fees, and other expenses during the course of a trial. In addition, many parties do not like the uncertainty of a trial, and would rather settle a matter for a set amount of money before a trial takes place. However, trials do occur in certain lawsuits, and there are a variety of factors that should be considered when determining if a case will go to trial.
Arbitration
Sometimes the parties agree in a contract before a dispute takes place that any issues between them will be decided through arbitration rather than through litigation. An arbitration is a private proceeding during which one or more arbitrators decide a matter rather than a judge and jury hearing a case. Although an arbitration includes some characteristics similar to trials, juries are not summoned for arbitrations and the rules are different during arbitrations than they are for ordinary trials. As a result, an initial consideration when determining if a case will go to trial is to evaluate whether an arbitration agreement covers the dispute.
Size of the Case
One of the biggest factors that must be assessed when determining if a case will go to trial is the size of a case. If a dispute is worth a small sum of money, it is likely that the parties will settle the case long before a jury ever hears a matter. However, if a case is worth a substantial amount of money, a trial is much more likely to take place. This is because parties will do everything they can to win a case before a trial occurs, and once they invest substantial sums on a matter, it is likely that they will want to see a case through to its conclusion. In addition, if a huge payout is needed to settle a matter before trial, it is possible that a party will take their chances on arguing the case before a jury. Furthermore, it is sometimes difficult for parties to come to terms about making a large payout, and they will often wait until the last minute, oftentimes until trial, before settling a matter. For all of these reasons, the size of a dispute is the largest factor that must be considered when determining if a case will go trial.
Facts of a Matter
The facts of a case is another important consideration when determining if a case will go to trial. Of course, the strength of a party’s arguments is important to evaluating if a case should be tried before a jury. However, there are a number of other factors that must be considered. For instance, the credibility of witnesses, and whether they will be favorably received by jurors, is an important consideration when determining if a case will go to trial. Furthermore, the demographics of the area where a case is filed will also influence the decision of whether to try a case. Individuals from certain backgrounds might be more sympathetic to certain arguments, and this could influence if people wish to settle a matter or take their chances in front of a jury. An experienced litigator should know all of the external factors that might influence whether to take a case to trial.
Experience of the Lawyers
The background of the attorneys is also an important consideration when determining if a case will go to trial. Oftentimes, if attorneys do not have much familiarity with trials, they will advocate for settling a case before trial. This may be the case even if a client might be best served by submitting a case in front of a jury. However, if an attorney is experienced with trials, and is undaunted with the process, they might be more willing to “go the distance” with a case and convince their clients to do the same. The Rothman Law Firm is experienced with all parts of the litigation process, and we have relationships with other firms to ensure that we are fully prepared to take a case to trial if that is the best outcome for a case.
Preferences of the Parties
Ultimately, determining if a case will go to trial usually depends on the preferences of the parties. Trials can be extremely costly, even if measures are taken to reduce the expenses associated with trying a case. Parties usually need to spend money on attorneys’ fees, exhibits, expert costs and other expenses in order to try a case. Furthermore, witnesses must testify in court on behalf of a client, and this can pose a burden to the parties. Some clients do not care about expenses associated with participating in a trial, and do not feel the impact of making witnesses available for trial. However, this can be a massive imposition on other parties, and the preferences of clients have a large impact on determining if a case will go to trial.
The Rothman Law Firm does everything possible to prepare a case during every stage of the lawsuit, and we also take steps during each matter to be ready for trial if needed. If you are looking for an experienced New York and New Jersey attorney to handle your legal issue, please feel free to contact The Rothman Law Firm to request a free legal consultation.