Unfortunately, lawsuits are all too common in the business world. Some of these fizzle and never amount to anything due to lack of evidence or other factors. Others can drag on for years and cost both sides millions of dollars. Not all lawsuits end up before a judge and jury in a courtroom. In fact, many businesses try to avoid this step altogether. If you’re preparing to file a lawsuit on behalf of your company, you should be aware of when you would likely need to head to trial and when you could more effectively settle out of court, as a business lawyer, such as from the Law Offices of Arcadier, Biggie & Wood, can explain.
If your organization has been brought up on criminal trials, the decision to take the case to trial is usually cut and dried. A company representative would appear before a judge to enter a plea to the charges. If you plead guilty, the judge will then decide a sentence, which could include jail time and fines. If you plead not guilty, you would have the right to go to trial before a jury of your peers. Here, the prosecution would have the burden of proving your guilt.
The Case Is Complex
Your case is more likely to go to trial if it is complicated and involves many parties and layers, and a lot of money. A multi-faceted case such as a fraud or embezzlement scheme, for example, could concern years and hundreds, if not thousands, of people. To get to the bottom of these issues may take more than settling out of court. However, a business lawsuit such as discrimination or breach of contract could be limited to fewer people and issues.
The Parties Are at an Impasse
Settling out of court is usually less costly and faster than going to trial. Thus, both defendants and plaintiffs tend to prefer to avoid judges and juries. However, if neither party is willing to negotiate or can’t come to any resolutions outside of the courtroom, a trial might be necessary.
The Process Is Dragging On
Settlements out of court shouldn’t take as long as trials. But if your case is going nowhere, you might want to put it in the hands of a judge and jury to speed up the outcome.
Visit with an attorney today about your case. Your lawyer will advise you whether your matter should go to trial or whether you can settle outside of a courtroom with the other party.