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Each lawsuit has its own reasons, of course. But here are a few common issues:
In short, there are many practical reasons why legal matters are settled rather than going to trial. It may not be the kind of justice you want to see done, but it is often the best option in an imperfect system.
Don't forget another big reason - juries are a crap shoot. You could get a good jury or a really bad one. You've got 10-12 people that are being required to be there and most really don't want to be. They just want to get it over with and get back to your life.
Also, your expenses go up considerably if you go to trial - more depositions, more experts and attorney fees typically go up = more $$$ out of your ultimate judgement and into your pocket. Additionally attorneys can often have a better chance of negotiating liens and balances down before it goes to trial which means more money in your pocket.
This is certainly true in large cases. Thanks for the assist!
In my experience, #3 tends to factor in the most for civil cases. I would also say that people need to remember that for civil cases, the intent of a lawsuit is to receive just compensation for / rectify a wrong. Looking at the court system as the last step in a long process of trying to resolve the dispute helps people understand why so many cases are settled before court.
Given the length of the process, the uncertainty of a trial, and the expense... it often makes more sense to settle if one can.
I agree. The justice system is not so much set up to arrive at justice as to make sure the system can run with little interruption.