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Will my case settle or go to trial?

Case Logistics

Will my case settle or go to trial? Many personal injury and medical malpractice cases are resolved through settlement, but not all. A settlement is when both sides of a lawsuit agree to end the lawsuit in exchange for payment of money to the Plaintiff (the person who brought the lawsuit). Here’s what to know:


  • Many cases settle: Insurance companies, hospitals, and defendants often prefer to resolve cases before trial to avoid the risk of a jury verdict. Many of our clients also prefer to settle for the same reason. However, it takes two to tango. As our client, you will be included in all settlement discussions. Your case also may involve a mediation session, where we get together with the parties and an impartial mediator to discuss whether settlement is an option. The decision about whether to settle is your decision, not ours. We will arm you with all of the information necessary to decide whether settlement is in your best interest, or whether trial is worth the risk.


  • Preparation is key: At the beginning of a case, there is simply no way to know if it will end in a settlement or trial. At Malarkey Perlin, we prepare every single case as though it will be tried in court. This means gathering evidence, retaining experts, and building a strategic and persuasive case from day one. Our approach allows us to be ready for battle in court if the other side does not offer a fair settlement.


  • Better settlements: Because we are always ready for trial and have a proven record in court, opposing counsel and insurance companies know we will not settle cheaply and are not afraid of the courtroom. This preparation and experience often results in stronger settlement offers.


  • Trial when necessary: If a fair settlement cannot be reached, we are fully prepared to present your case to a jury and fight for the justice you deserve.


Our philosophy is simple: work for a fair settlement, prepare for trial. That approach has led to proven results for our clients in catastrophic injury, wrongful death, and medical malpractice cases across Maryland and Washington, D.C.

Will my case settle or go to trial?

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