By:  LINDSEY O’NEILL, ESQ. 

Going to court is not how most people prefer to spend their time. In fact, most of us would have more anxiety about going to court than having to speak in public. Why? Because there is probably a lot at stake when you go to court – your rights, your obligations, your money, your freedom …. your whole emotional investment in whatever your case is about.

First of all, ask your lawyer if going to court or if attempting to negotiate a settlement would be the best option for your case. While attorneys don’t have crystal balls, they can evaluate your case – the strengths, weaknesses, and likelihood of prevailing on the merits. Cost may also be a factor. Taking a case all the way through trial can be expensive in terms of attorneys fees. So, if the total value of the case is less than what it would cost to litigate it, then going to court may not make financial sense. Still, many people highly value their “day in court” and the judicial process, particularly when the parties have a strong desire for “justice” in the case.

If you go to court – no matter how strong of a case you present, there is no telling how a judge or a jury will respond. Predictions are made, don’t get me wrong. But, the ultimate decision-maker is not you, is not your attorney, is not opposing counsel. The final decision is out of your hands once the case is submitted to the trier of fact.

If you don’t go to court – would you always wonder “what if”? If you don’t go to court, you probably reached an early settlement. Depending on the case, some people wonder if they would have obtained a better outcome by going to court.

But, there it is again, nobody has a crystal ball. We just can’t see the future. We can only congratulate ourselves if we go to court and “win” or beat ourselves up if we loose by wishing we would have settled sooner. At the end of the day, its a risk either way. So, what does this bring me to? I guess what really matters is…. your reason for going to court, or not. Did you go for it? Did you risk it all in the pursuit of justice? If you won in court… great! If you lost…. well at least you went for it. You put yourself out there and stood up for something you believed in. That, my friends, is something most of us haven’t done.