Contrary to how you might think the practice of law works, thanks to television, most cases are settled out of court. When it comes to truck accidents, depending on the relationship between the driver and the shipping company, you may be filing lawsuits against the driver, the trucking company or even the trucking company's client whose goods were being shipped.
As you can imagine, this can get very complicated very quickly. This is why settlement can be an attractive alternative to drawn out litigation. Remember, you are always able to seek a settlement with your opposing party (or parties in a truck accident case).
There are three classic settlement mechanisms:
- A negotiation, which is directly speaking to the other side to try and work it out.
- Mediation, which is using a person (usually a lawyer or judge) as a go-between.
- An arbitration, which is a mini-trial that you and your opposition set-up as an alternative to the courts.
For each one of these methods, there are pros and cons, especially in trucking accident cases. For example, if your lawsuit is straightforward and only against the driver, then negotiation might be your best option.
However, if it is more complicated, such as if multiple people or entities are responsible for your injury, then you may want to use arbitration or mediation. The presence of a neutral third party may help organize each of your claims. Each method has its benefits and weaknesses, and you should review each one carefully before settling on a choice. Also bear in mind, that you can utilize more than one method.
If you are considering settling your lawsuit, then you may want to sit down with a lawyer to review your options. A settlement is an attractive option because it promises you money sooner. However, there are trade-offs. Consider your options carefully.