Pros & Cons of Going to Court
Courtroom litigation has a reputation for being frustrating and something to avoid. But don’t pre-decide how you feel about litigation until you talk to your attorney about it. There are advantages to going to court that you should know about.
Pros of going to court:
- Judge or jury could award the plaintiff much more than they ever would have gotten in a settlement.
- Case outcomes can set legal precedence for other plaintiffs in similar situations in the future.
- Taking a case to court can expose a defendant’s egregious wrongdoing to the public, which could lead to corrective actions elsewhere. Cons of going to court:
- You could lose your case in court, even if you have what seems like extremely convincing evidence of liability and damages.
- Courtroom litigation usually takes much longer to conclude than a case that settles – it could be a year or longer to bring a case to court, but a settlement might be reached in a matter of months.
- Courtroom awards can be capped by the law, whereas settlements can be in any amount that both sides deem fair.
- Documents produced by the court are public records, which could be damaging for the plaintiff.
