It seems to me like this is just a bribe to shut up about the cause of the lawsuit. It doesn’t lead to justice, and is not punitive enough in the case of large corporations.
I find this disgusting and immoral, but maybe I’m getting something wrong…? I hope so.
Please explain to me why this is, I’m getting irrationally angry at the fact that no one goes to trial for anything, including environmental hazards, rape, etc.
Edit: Found a source that details all the good reasons to go to trial instead of settling. Personally, an admission of guilt and real consequences to a misdeed are incomparably more important than a slap on the wrist like a settlement. https://www.askadamskutner.com/personal-injury/dont-settle-outside-of-court/
Edit 2: I see all the replies mentioning time and costs as the biggest reasons. And I get that, rationally. But sometimes people are irrational, I can’t believe 90% of lawsuits settle… (actually it’s 95% - https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/ )
An abnormal amount of lawsuits are settled because the prosecution is pushing serious charges they might not be able to prove. Then scare people into settling by using the drawn out cost of lawsuits, long waiting times for trials(not getting out on bail until trial), etc. Since many people would rather take an average to low sentence from theft rather than risking minium sentencing from armed robbery, or would rather take a low offer from the defendant as settlement instead of waiting years for anything while spending a lot.
I mean, I agree with you. Companies that break the rules should get sued and get punished. But the reality often is that the person who files the suit often doesn’t really have the time and money to fight all the way to the end. And remember that even then, the court may not always rule in favor of the person who filed the lawsuit. So settlements end up just being a practical shortcut.
Lawsuits are expensive, and large companies can afford the best lawyers, while the government often can’t.
As already mentioned, lawsuits are expensive. And if they don’t go your way, they can even get more expensive as you may have to pay the other side’s legal fees.
Also, lawsuits take forever. Even when you go through trial and get a verdict, there is still years worth of appeals coming. Even with a win, you maybe be waiting years.
Settling is far cheaper and sees much faster results, even if you are confident you will win.
There are many good reasons to settle a lawsuit. It feels like you’re mixing up going to trial for a crime with one party suing another.
Most of the time in the US a lawsuit is seeking damages, so the primary goal of the suing party is to receive compensation. If the parties can agree on terms why go through with the lawsuit?
Sometimes the party that feels victimized does not want to testify and relive whatever trauma they suffered.
There are of course exceptions like when a lawsuit is filed for a symbolic amount like $1 or to get a civil verdict where a criminal one failed. Those are designed to either get a victory in the courtroom or compel someone to take an action unrelated to compensation.
Criminal trials are the state charging a company or an individual for a criminal offense. Those trials can end on a plea deal. It’s a mechanism to avoid a hugely expensive trial and the risk of losing altogether. Of course as a the accused party you have much better chances of a deal if you have a great defense that makes the prosecutor unsure they will get the result they want. So it’s inherently unfair to the poor.
