Why Many Cases Resolve Before Trial

When most people think of the judicial process, they think that their case will be presented to a jury and the matter will be determined at trial like court cases are depicted on television and in the movies. In reality, the vast majority of cases are resolved before trial and only a few percent of cases are submitted to a jury. There are a variety of reasons why many cases resolve before trial, and in many instances, clients should embrace the pre-trial resolution process in many lawsuits.

Unexpected Results

Perhaps the biggest reason why many cases resolve before trial is because it is impossible to predict what will happen at a trial. People are unpredictable, and a group of jurors or a judge can act in an extremely unpredictable manner. As a result, it is difficult, if not impossible, to determine if one will prevail at trial and litigants often do not wish to take a chance about whether they will prevail.  Moreover, it is difficult to determine what measure of damages a jury will grant at trial, and this can give defendants some concern.

In order to avoid the unpredictable nature of trials, many parties settle cases early. Even if a party would have prevailed at trial, they may still wish to offer money in a settlement to be assured of the amount they will need to pay to resolve a matter. In addition, the party bringing the case may want to accept a settlement to be assured that they will get something from the case rather than take the chance that they will end up with nothing after a trial.

Motion Practice

Another reason why so many cases resolve before trial is due to motions that are filed before a trial ever takes place. At the beginning of a lawsuit, litigants have the chance to file a motion to dismiss before filing an answer. A motion to dismiss can only be based on certain delineated grounds, including the fact that a party did not state a claim upon which relief can be granted. Depending on the basis for the motion to dismiss, litigants may not be able to attach the kinds of evidence that they may be able to present at trial and that they may use for other types of motions throughout the case.

Litigants also have a chance to file a summary judgment motion, usually after some or all of the discovery has been completed for a lawsuit. A summary judgment motion is filed when a party thinks that there is no material issue of fact so that the judge and not the jury can decide the case. A party is usually allowed to attach evidence to a summary judgment motion that they would present at trial to prove their case. If a judge grants either of these motions, the case can be dismissed against a party and there is no need for a trial to be scheduled to decide the matter.

Judicial Pressure

Another reason why many cases settle before trial is because judges and court officials usually try and pressure litigants to settle matters so that a court does not need to hold a trial about a matter. Judicial resources are limited, and judges often need to oversee hundreds, if not thousands, of cases. Trials cannot be held for all of these lawsuits since this would overburden the judicial system and clog the judicial process more than it is already obstructed.

As a result, many courts have mediators, settlement conferences and other programs to try and encourage the parties to resolve cases on their own. Such initiatives often allow litigants to speak with a neutral party and work among themselves how the case should be disposed. The closer the parties are to a trial date, the more pressure there may be to settle a case since courts want to avoid spending resources on a trial if this can be avoided.

Financial Pressure

Financial pressure can also explain why many cases settle before trial. As many litigants and attorneys understand from firsthand experience, it oftentimes takes years for litigation to run its course. During this time, parties may not receive any kind of compensation since litigants are typically only paid if a case settles or if a favorable outcome is obtained at trial. Before payment is made, litigants need to pay for all of the costs they need to bear as a result of the subject matter of the lawsuit, living expenses, and other costs.

Parties may want to receive money earlier, and litigants can obtain money sooner than a trial if they accept a settlement. Since litigants may accept less money earlier than the amount that might be recovered at trial, defendants may want to use such financial pressure to pay less money to close out a case. If litigants are able to go the distance with a case, they may be able to recover more money, so it is typically better to prepare for the long haul in litigation.

The Rothman Law Firm is experienced at negotiating settlements and litigating cases through all phases of a lawsuit.  If you are looking for an experienced New York and New Jersey attorney to handle your settlement or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.