Whether you are physically injured due to the fault of another, seeking to modify a custody arrangement, or involved in a will dispute, fighting a long court battle should be the last resort. Full-fledged trials take time, drain resources, and place an emotional toll on the parties.
Experienced attorneys know this, and they know how to win a case without going to court. By gathering evidence, making persuasive arguments on your behalf, and securing a settlement that meets or exceeds what you would likely be awarded by a trial verdict, experienced attorneys can help you win without going to court.
How to Win a Case Involving Physical Injury Without Going to Court
Suppose you have suffered a physical injury due to a car accident that was not your fault. You are unable to work for six months and are accruing a mountain of medical bills. Waiting months, perhaps years, for a trial to take place in order to be compensated is not a viable option. An experienced attorney can help you get the recovery you deserve much sooner.
By gathering all of the relevant evidence – traffic reports, medical records, and proof of income – an attorney can help determine the compensation a court would likely award you after a trial. Using this evidence, an effective attorney can convince the opposing party that it is in that party’s best interest to settle the case as well.
How to Win a Case Involving Child Custody Without Going to Court
Perhaps nothing is more emotionally charged than a custody dispute. At first, it may be hard to imagine the parties agreeing to something outside of court. Experienced attorneys, however, reach agreements in contentious custody matters all the time. How?
By listening to what each side wants and finding middle ground. By presenting the relevant evidence, an effective attorney can convince the other side of the reasonableness of the custody change a client seeks.
Often times, after a cooling off period, both parties will realize that it is in their mutual best interest to reach an agreement rather than leave such an important decision to a removed fact finder.
How to Win a Case Involving a Will Dispute Via Settlement
Disputes over testamentary dispositions are more common than many people think. Even modest estates can be the center of litigation. In almost all cases, the heirs will be better off if they are able to settle these disputes outside of court.
Take the example of a family home that a testator leaves to her five children. A disagreement that frequently arises from this scenario is whether the home should be sold or kept in the family. Two of the children would like to sell the home, but three of them insist that the testator wanted the home to be kept and passed on to future generations. An attorney can help resolve this dispute via settlement. The simplest solution is for a valuation of the property to be conducted. Based on the results, the three children who would like to keep the home can offer to buy out the other two.
A settlement agreement for this disposition of the property costs next to nothing compared to a court case about what the testator intended.
When Does Settling a Case Mean Winning a Case?
Experienced attorneys know how to win a case without going to court. Of course, there are times when settling is not the best option. Sometimes, the opposing party is unreasonable and simply will not agree to a compromise that comes close to the recovery that is deserved.
In other cases, the wrongdoing that prompted litigation is so heinous that a long public trial is a goal unto itself. Most of the time, however, a settlement has a value that equals or exceeds the value of winning a case at trial. An experienced attorney can help to make that determination.