Advantages and disadvantages of Out-of-Court-Settlements

Rose Lawyers on 20 December 2018

Taking legal action against another party is no small matter. The legal system and Court process can be very stressful. Often, someone has wronged you and you will be after some form of damages or compensation.

More often than not this means that tensions and emotions are likely to be running high - and even if you are in a great position to get a favourable outcome, your Lawyer or Barrister may suggest or even recommend that you accept to take an Out-of-Court-Settlement rather than have the matter determined by a Judge. But if you're in a great position, why should you ever settle?

We wanted to cover some of the main reasons why it may be suggested that you settle Cut-of-Court. At Rose Lawyers we will always advocate for you and with your best interests in mind. We understand that you will probably be emotionally invested in the outcome of Court action. Part of our job is to suggest and even recommend, where appropriate, that you settle outside of Court because we are very aware of the time and money it may cost you to proceed with your claim.

You can rely on us for straightforward legal advice. Contact Rose Lawyers today on 03 9878 5222 to discuss your legal matter.

Costs of proceeding to Court

The main reason why it may be better to accept an Out-of-Court Settlement is the cost. You may may have a high likelihood of success if the matter proceeded to trial, but the cost of getting a Judge to decide your matter may become enormous and potentially be greater than the amount you would receive if you were to get a verdict in your favour. Other reasons we may suggest you settle the matter include:

  • The legal process can often take a lot of time, and when you are paying for a Lawyer and/or Barrister to represent you the costs can escalate quickly.
  • There may be expert witnesses who will need to be called in your matter - and these people will likely want to be pair for their time and their expertise.
  • You will likely be liable for Court fees along the way

out of court settlement

The alternative to proceeding to Court is to settle - but this can mean that you may not get exactly what you had hoped for. You will need to balance the potential victory with the associated costs, time and stress. You also have to be aware that there is no guarantee that you will be successful, and if you do lose the case you may be liable for your legal fees, any judgement amount and some of the other party's costs.

Health and wellbeing costs associated with proceeding to Court

The legal process can take some time - and the mere fact of going to Court alone can be stressful and time-consuming. You may well reach a point where you do not wish to pursue the matter further and cannot expend any more emotional energy on the dispute. In this instance you may choose to settle out of Court to save yourself any further anguish.

  • The legal process will usually take time to reach a conclusion on your matter.
  • Settling does not mean walking away with nothing, or even a great deal less.
  • Accepting an Out-of-Court-Settlement can save you time and emotional energy.

Again, while you may not get what you originally wanted, you will not necessarily walk away with nothing, and may save yourself a great deal of stress and anguish in the process.

The reality of taking legal action

When you're proceeding with legal action you're going to be spending time and money on this issue; an issue that will likely take many months or even years to resolve. The more time you are spending in Court, or in appointments with your Lawyer and/or Barrister or speaking to experts -- the less time you will be spending at work or with your family or loved ones. You will be focusing on your legal matter which takes you away from spending time and attention on other things.

  • You may lose money in wages through spending more time focusing on your legal matter and less time at work.
  • Your attention will be diverted to your legal matter which can be stressful for both you and your family.
  • If your legal matter does not resolve the way you wanted it to through the Court this can be difficult to deal with.

Ultimately, accepting or proposing a settlement of your matter is something you need to speak to your Lawyer and/or Barrister about.Your Lawyer and/or Barrister will proceed in the lawful manner in which you instruct them.

advantages of out of court settlement

Contact Rose Lawyers today

Rose Lawyers are practical and will always raise any issues around out of Court settlement - whether it is around taking a settlement that is favourable, or rejecting an offer that is not suitable. We will advocate tirelessly on your behalf and are here to provide comprehensive and straightforward legal advice at every step.

Call us today on 03 9878 5222 for confidential and candid advice on your legal matter.