Settling out of court is something that people often seek to do, especially larger companies. Keeping things out of court is often beneficial because it means fewer costs, companies can avoid bad PR and it can also mean people get the compensation they are seeking. However, it is important to know when is the right time to settle and when taking it to court may be the better option.

A settlement may not necessarily mean an apology

One thing that is important to make clear – if you receive a settlement this may not necessarily mean that the company or individual paying out may not be admitting responsibility and you may not necessarily receive an apology. Therefore you need to decide whether or not you want to push for that.

When can I settle?

You can settle at any point – this can be from the initial contact with the other party right up to just before the final hearing. During proceedings a legal representative should offer advice on whether you should settle although ultimately this is your choice.

Most of the time if the other party wants to settle they will push for it as soon as possible – the sooner a case is settled then the fewer costs will be involved. However be wary and ready for some negotiation – if you are confident in your case then you should be able to hold out for a period to get the best possible settlement.

What about the costs?

A settlement should include any legal costs that have incurred during the negotiation period. This should then be recorded so if the other party does not pay those costs then a court can order a payment (although most of the time when someone offers to pay a settlement they usually have the funds to do so.)

Get the right representation

When it comes to settling a case it is best to get the right representative. While legal action can be costly ultimately it can be worth it if the verdict is in your favour. However, settling before that is not a sign your case is weak – rather it shows that you know you are in the right and are willing to accept a settlement rather than go through legal action.

The right representative will guide you and give their recommendations though it is up to you – if you have any questions contact us today and we will be happy to discuss your circumstances in more detail.