How can I tell if I am likely to recieve a favorable settlement or verdict?

The extent of the harm to you or your loved one, and your lack of negligence are two factors. Still, we can make no guarantees. Even the best prepared, most experienced plaintiffs' lawyer can go to trial and lose. This is a normal risk in the jury system. We do fully prepare every case to go to trial, hire the right experts, conduct a thorough investigation and thorough research, and take depositions of all persons with information. Defendants and insurance companies know of our successful track record and expect us to be well prepared. Our history speaks for itself. Still, once again, even the best prepared cases cannot guarantee a favorable verdict or settlement. Each case must be evaluated on its merits.

But no two cases are exactly alike, and no case exists in a vacuum. Variables include:

• How clear is the defendant's negligence?
• Is the defendant's fault clear?
• What could the plaintiff have done to prevent harm?
• How difficult it is to prove the defendant's negligence?
• How many experts will be required, in how many different areas?
• What are the damages?
• Is the harm tangible - death, serious injury, loss of income? Or is it more intangible and thus harder to quantify - pain or mental anguish, loss of consortium?
• What kind of witness will the plaintiff make?
• Juries tend to side with people they like.
• What is the caliber of the attorneys representing the parties?
• The best lawyers on both sides tend to get the best results.
• Where is the venue?
• The county or state in which the case must be filed and tried is a big consideration. Larger jurisdictions - South Florida, for instance - sometimes produce larger verdicts than smaller venues. Pressing a case is generally more difficult and time-consuming in federal court than state court.
• Who is the judge?
• What are the legal issues presented?

Last updated on May 12, 2010 by Admin