Factors Taken Into Consideration When Deciding Whether To Settle Or Try A Case:
What is the likely range of damages that might be awarded by a jury? How much time, legal expense and emotional investment will be required for all the parties involved?
How will a judge and jury view what happened? Are there any aggravating circumstances that will make them especially angry?
How did the injury affect the plaintiff financially and emotionally? Are there any “horror” factors, such as severe disfigurement or traumatic death that would increase juror sympathy?
How likeable and credible are the plaintiff, defendants and witnesses? Does the judge have a reputation for favoring one side or the other? What is the likely attitude of the jurors? What are the strengths and weaknesses of the attorneys involved?
What may be the consequences for the community and the affected employees? Will media coverage be a factor? Could a verdict exceed the policy limits? Is it possible that some of the allegations won’t be covered by insurance?
Consideration must also be given to how the member feels about the possibility of trial or settlement. Each case has to be weighed carefully, balancing the Pool’s responsibility to the individuals involved with those of the membership as a whole.