Multiple studies confirm that approximately 97 percent of all civil cases settle before trial. The percentage of cases involving multimillion-dollar damage claims that will be decided by a jury is even higher. Cases against big businesses with large footprints and concerns over public perception, higher still. Large corporations, especially those with recognizable brands, fear the attention that comes with a jury trial and the potential for a highly publicized, catastrophic verdict. But for some companies, the pendulum may have swung too far in favor of settlement.
As a result, these companies pay significant sums to settle cases that could be won at trial, or at least could result in a verdict for less than what it would cost to settle. Worse still, companies can unwittingly develop a reputation as an easy mark that will settle even weak and unjustified cases, encouraging more lawsuits. While settlement is certainly the best option in some cases, it shouldn’t be the only option, even where a well-funded plaintiff can take a big-dollar damage claim to a jury.
