There’s no way to be sure, but statistics show the great majority of valid cases settle out of court. Some settlements occur before a law suit is filed, others after. There is no way to force an insurance company or corporation to offer to settle, but most try to settle valid cases.
When a settlement offer is made, it’s up to our clients to decide whether to accept a settlement. I give advice and negotiate, but my clients have the last word.
In North Carolina, all cases filed in Civil Superior Court (the top level of trial court) have a “mediation” (a formal settlement conference). I have been a trained certified mediator since 2001 and have been chosen to serve as a mediator in hundreds of cases since then. I’m sure that experience greatly helps my clients when we go to mediation.
The best way for a client to achieve settlement is have a lawyer who is ready and able to try a case. I have tried dozens of cases in many courts across North Carolina. Although I enjoy trying cases, it’s up to my clients to decide whether to accept a settlement.