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August, 2008

Settlement or Trial?

Settlement or Trial?
Posted by: Larry Lapidus
August 13, 2008

A recent study, published in the New York Times on August 7th, has concluded that settlement is nearly always better than going to trial. The study of course was conducted by a consulting firm linked to corporate interests and relies heaving on general statics  whose origin is unclear in the New York Times article.  The study included 2,054 cases which went to trial (does not say where these cases were) and compared the trial results with the reported offers. The author of the study did concede that there was no way to know whether the 80-90% of the cases which did settle would have produced more money for the victims at trial. But the author of the study concluded that in the cases studied, "plaintiffs got less money than if they had taken the original offer".

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