From: Jasper
Date: October 18, 2005
Time: 03:01 AM
Solitairea1, ….Lawsuits typically take years to go to court because of the huge difference between what the plaintiff demands and what the defendant is willing to pay. Defense lawyers usually string out the process for as long as possible with a wealthy client if the plaintiff’s attorneys get paid as they go. That way they can coerce the plaintiff into giving up when the legal cost or the prospect of the legal cost becomes greater than he or she can afford. When the plaintiff’s attorneys work on a contingency bases (one third of the award is standard) the defense attorneys make the best assessment they can of the plaintiffs chances of winning and bargain or stonewall accordingly. ………..There are no guarantees how a jury will decide so if the defense attorneys decide that the plaintiff is not going to drop the case they make a guaranteed offer. They start low. The plaintiff’s attorney starts high and the judge puts pressure on both sides to reach an agreement out of court. Meanwhile both sides are digging up everything they can get to put more bargaining chips in front of them and to take bargaining chips away from the other side. Most lawsuits are settled this way. Many are started with the intention of getting an out of court settlement. Most of those are dismissed as frivolous. ………The O.J. civil trial was different because there was no prospect that the plaintiffs would lower their demands or the defendant would agree to pay anything. Otherwise the bargaining part of the normal process might still be going on. –Jasper