It is said that you should never give up in court until the judge strikes the gable. You may think this is an old-world expression, but it still holds in American courts today. This article will offer seven tips to help you assess your legal options and get the best possible settlement during litigation.
1. Get Organized
First, prepare yourself with information about the law, research settlements for similar cases, and anything else you need to do before appearing in court. This way, you’ll be able to ask intelligent questions of the lawyer while they are presenting their case. Lastly, you should be as organized as possible with your thoughts and all the information you have obtained so far.
2. Know Your Right to a Jury Trial
This will not always be an option if the two parties cannot agree on a settlement. However, under the system of American procedure, only the judge can rule on whether or not to grant a jury trial. Therefore, when looking at settlement options, keep in mind that there will be no jury. It is up to you and your lawyer to present the case before the judge.
3. Talk To Your Lawyer
If you are a resident of Carmel who has hired a Carmel personal injury lawyer to represent you, ask pertinent questions about how state law may influence your case. You might ask your attorney about their association with other lawyers who have won similar cases and about recent settlements for similar subjects in Carmel.
It would be best if you also inquired whether or not all of the information given to you is correct and up-to-date. Finally, you should ask if your attorney has any personal experience with the people involved in your case, such as insurance companies who may offer a settlement.
4. Consider Alternative Dispute Resolution
Although litigation is not something anyone wants to go through, in some cases it can be unavoidable. One option for a settlement is alternative dispute resolution, which means settling a case through:
- Mediation
- Arbitration
This will depend on the facts of your case, but it may be an option worth exploring.
5. Take Your Time
While this could go without saying, you really should take your time in court. Often there is no reason to rush into a deal that you do not fully understand or with which you don’t agree.
Do not feel pressured when deciding on what you should do because often, there is more than one option available to you. Also, be aware that the longer a settlement takes, the greater it may be to the plaintiff’s benefit.
6. Stay Informed
Despite what you might think, not all cases go to trial. And even though you may be tempted to try the issue yourself, lawyers are often not the only ones suited for negotiations.
For this reason, you must stay updated on court proceedings and know when and how long they will take so that you can schedule your day accordingly. You should also talk to your lawyer about any deadlines within their control or of which you should be made aware.
7. Be Aware of Your Rights
It would be best if you were not afraid to speak up and state your case in court. Be aware of what is happening to raise important questions or objections if necessary. You should also be aware of all of your rights, including the right to:
- Speak on your behalf.
- Have an attorney or other representative who speaks for you.
- Be informed about the lawsuit and the proceedings.
- Get a copy of any written documents you sign related to the lawsuit.
- Have a court reporter who can record everything said in court. The reporter’s notes are a permanent record of the proceedings.
Finally, you can learn about your rights by watching videos on the web or reading books that list the rights of American citizens. If you want to research the law in your state, visit the American Bar Association website.
Final Thoughts
Regardless of the outcome of your case, it would be best if you always remembered that everything experienced in court is not for nothing. After all, through the trial, we can gain information about essential life skills and often learn valuable lessons that can help us throughout the rest of our lives.
