Leslie Burns, Karla Canez, Mallory Herring, and Alissa Mildebrath
LAW/531 January 13, 2013 Carol Parker
Week 3 Learning Team Reflection There are several factors to consider when contemplating a potential lawsuit or settlement. As a person who is not trained in the law, it is important to seek counsel before making any decisions. Counsel can provide professional guidance in a field that a victim may be unfamiliar with. To attempt to navigate though the legal system without professional help would be confusing and frustrating. There are alternatives to litigation that some people may not be aware of. A professional in the law can give guidance and perspective as to which is the best route to take. One must consider the time involved in litigation. Cheeseman (2010) stated, “A trial can last less than one day to many months, depending on the type and complexity of the case” (p. 41). Also, a consideration must be the costs involved. It can be extremely costly to obtain counsel, although it may be wise to invest in legal representation. Counsel will be able to provide you the statue of limitations so that you know how long you are eligible to seek damages. Additionally, counsel will provide you realistic picture of the benefits and/or risks of going to trial or settling. Counsel would be able to explain the intricacies regarding a trial and provide a relative timeframe. Most people are unaware of the details and involvement of going to trial. In many cases it is in the best interest of both the injured party and the accused to seek a resolution outside of court. According to Cheeseman (2010), “More than 95 percent of all cases are settled before they go to trial” (p. 40). A victim may feel compelled to go to court, when counsel may know that a trial may not provide a favorable outcome. Counsel would need to be available as already discussed to
References: Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.