Why do most US lawsuits settle instead of going to trial?

izzent@lemmy.worldbanned from sitebanned from site to No Stupid Questions@lemmy.world – 140 points –

It seems to me like this is just a bribe to shut up about the cause of the lawsuit. It doesn't lead to justice, and is not punitive enough in the case of large corporations.

I find this disgusting and immoral, but maybe I'm getting something wrong..? I hope so.

Please explain to me why this is, I'm getting irrationally angry at the fact that no one goes to trial for anything, including environmental hazards, rape, etc.

Edit: Found a source that details all the good reasons to go to trial instead of settling. Personally, an admission of guilt and real consequences to a misdeed are incomparably more important than a slap on the wrist like a settlement. https://www.askadamskutner.com/personal-injury/dont-settle-outside-of-court/

Edit 2: I see all the replies mentioning time and costs as the biggest reasons. And I get that, rationally. But sometimes people are irrational, I can't believe 90% of lawsuits settle... (actually it's 95% - https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/ )

39

You are viewing a single comment
View all comments

Each lawsuit has its own reasons, of course. But here are a few common issues:

  1. There aren't enough judges.
    • There simply are not enough judges in the US to handle every lawsuit filed. Many judges encourage lawyers to settle cases that can be settled to avoid clogging up the system. Sometimes they do this reflexively or without good, er, judgement and a case is settled that probably ought be fully tried.
  1. It takes a long time to receive justice.
    • A typical civil case takes months to resolve. An atypical case could take years. And then be appealed for additional months or years. Many times, the plaintiff simply can't wait that long. If you're broke right now, you're not in much of a position to hold out for the big payout (and justice) you deserve.
  1. Justice is expensive.
    • A personal injury lawyer would charge you at least $200 / hour to work on your behalf with an upfront retainer fee and final costs in the range of $1000 to $10000. That's for a simple case. A more complex case will cost more per hour and end up at a higher total cost. You could have them work on contingency instead, which saves you a great deal of money during the trial but your attorney may take 50% of what you are awarded. If you are paying hourly, you may very well prefer a settlement because the longer this goes on, the more you're likely to just break even. If you are paying a contingency, your lawyer may prefer a settlement because 50% of something right now is a lot better than 50% of maybe something a couple years from now. They got bills to pay, too.
  1. A settlement might bring about more change.
    • In a quiet settlement, the defendant may agree to change their offending behavior in exchange for keeping the matter quiet. Assuming that they are true to their word (I'll let you decide how likely that is) this may be the best justice for the plaintiff. If the whole thing goes to a public and embarrassing trial, the defendant may be willing to go scorched earth, put the plaintiff on blast and deny any wrongdoing no matter how many confidential documents were found in their shower.

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.

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.

  1. Discussion between parties
  2. (Sometimes) formal arbitration
  3. Pre-court settlement discussions
  4. Court case

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.