- The amount the case is worth in a range of dollar amounts.
- Personal injury verdicts and settlements in similar cases.
- Your odds of winning at trial.
- Unfavorable publicity for either side.
- The amount of personal information that could be revealed at trial or through further discovery.
- Possible disclosure of business information or trade secrets.
- When the case is likely to be called for trial.
- Practical difficulties in trying the case.
- Weaknesses in your evidence.
- Weaknesses in your opponent's evidence.
- The amount of the defendant's insurance coverage.
- The defendant's own monetary resources.
- The defendant's lawyer's negotiation tactics.
- If you are the plaintiff, ask how much of the settlement proceeds will be applied to your lawyer's fee and your expenses.
- If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.
- What you are willing to concede in order to get the case settled.
- The minimum amount you will accept.
Oftentimes, personal injury settlements are preferable to going to court because they are generally simpler, less time-consuming, and less stressful. Your personal injury attorney has the experience and knowledge necessary to advise you whether a trial is in your best interest, or whether you should negotiate for a higher settlement (as the plaintiff), a lower settlement (as the defendant), or accept the current terms of the settlement you have been offered.