On TV, every case seems to go to trial. However, in the real world, most cases settle. The parties come to an agreement, and the defendant pays an agreed-upon amount to the plaintiff. There are a number of reasons parties agree to settle a case, including a faster resolution, a guaranteed amount of money, and avoiding the high cost of a trial.<\/p>\n
But just as an experienced attorney is essential during a trial, an experienced attorney is also essential during settlement negotiations. An experienced attorney will investigate a client\u2019s case to see how strong the claim is and advise his client about how much the claim may be worth. There are a number of factors to consider, including the strengths and weaknesses of available evidence, the outcomes of similar cases, policy limits, statutory limits, and the defendant\u2019s resources.<\/p>\n
In calculating damages, verdicts and settlements can also consider the value of the plaintiff\u2019s present and future lost earnings, profits, or salaries. In Illinois, the Illinois Supreme Court has stated that expert testimony is not required to establish loss of future earning ability, so a plaintiff may be able to provide testimony about future earning ability on their own. In cases involving\u00a0celebrities, damages based on a person\u2019s future earnings can run very high.<\/p>\n