A settlement of a case means that both sides have to agree to the terms of the settlement, how much money is paid and when it is paid as well as any other terms the parties may agree upon.  Many people get the idea that they can simply demand a certain amount of money or they will only pay a certain amount  and the other side will agreed to it.

Think about that for a minute.  If you go out to buy or sell a car,  it has a fair market value – what fair minded people would pay for it.  A 2003 Ford Tarrus in good condition with 70,000 miles on it has a value that people are willing to pay. Assume for the moment that the fair market value is $4,135.00 for that year, make, mileage and condition.  Just because the seller wants more money and inflates the price by $30,000 does not mean that you or someone else would pay that much.  The same is true about the value of a case.

If someone offers to buy the car for $500, the seller has no risk in turning down the offer.  It’s not close to what the value of the car is and what a reasonable person would pay.  If, however, he gets an offer of $4000.00, he risks that there may not be anyone else willing to buy the car at that time for more money.  He might lose his chance to sell the car on a timely basis, so he may seriously consider selling the car.  He’s got something to lose if he doesn’t sell at that price.  Namely, owning the car and taking the risk that it may not sell for a long time and not having the immediate availability of the money from the sale.

In a lawsuit, the risk is that a witness may not make a good impression.  Someone may question the motives of the person who caused the injury to the driver.  If the driver who caused the injury had been drinking alcohol, a jury may not believe him when he testifies about how the accident occurred.   Someone also may question the motives of the person who was injured.  Are they likeable?  Did they try to get better such as following the doctor’s treatment?  You get the idea.

A number of factors go into valuing a case.  If it’s settled, both sides have to reach an agreement that fairly values the case and the risks that either side may lose at trial.  In the end, if a case is settled, both sides have to be reasonable in valuing the case.  Normally, when a case is not settled, it’s because the defendant is not willing to pay the reasonable value of a case.  To win at trial, a plaintiff has to convince all of the jurors to vote in favor of them, both that the wreck was caused by the other driver and on how much should be paid to fairly compensate the injured person for their injures, pain and suffering, and future care and impairment (what they still won’t be able to do as a result of the injury).  A defense verdict can occur when all of the jurors vote against a plaintiff or when the jury cannot reach a verdict – because  not everyone agrees on the same verdict (it only takes one person on a jury not to agree that the plaintiff should win for the jury not to be able to reach a verdict even if all the others vote in favor of the plaintiff in Alabama.  Juries in Alabama have to reach a unanimous decision – everyone agrees to the same verdict).  Plaintiff’s take those risks into account when trying to settle their claim.

So, simply asking for the moon won’t get a case settled nor will refusing to pay the reasonable value of a case.  Both sides have to agree to the terms, otherwise there is not a settlement.  That’s what trials are for, to resolve disputes when the parties cannot agree to the terms to settle a case.

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My two oldest nephews are now Eagle Scouts! That makes a total of seven Eagle Scouts in our family, my father, my uncle, my older brother, me, my younger brother, and now the latest two Eagles. If you think we take pride on being truthful, you are right! We are proud of our family heritage and the principles that we live by each day.

So, your reputation for the truth is very important. A few weeks ago, a defense lawyer was trying to say my client was a liar. That’s his default position about people who file lawsuits. Of course, that’s not true. If I find someone who is a liar, I don’t take their case. If I learn about them lying during a case, I fire them as a client! Juries have to make a quick study of a person’s character and whether they are telling the truth. Your reputation for the truth is important. Even if it’s not directly spoken about in a trial, it is always an underlying issue that a jury has to decide. No one will give someone something if they conclude a person is a cheater. In a lawsuit, you are asking a jury to fairly compensate you for the loss that you sustained. How the accident happened, what caused it, the amount of your medical bills, how well your recovered, and your pain and suffering are just a few of the things a jury will consider. Your reputation counts, whether people openly talk about it or do not. The person who is honest and always goes the extra mile is the person who not only succeeds in life but in trials, both daily and at the courthouse.

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Questions? See my Frequently Asked Questions page. You can also Order FREE my book,

“Seven Deadly Sins That Can Wreck Your Alabama Injury Claim” for more in depth information.

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My parents taught me to always tell the truth.  In Boy Scouts, you learn that a Scout is trustworthy. “A Scout tells the truth. He is honest, and he keeps his promises. People can depend on him.” I’m proud of the fact that my father is an Eagle Scout, so is his brother, and my two brothers as well as me. Currently, there are a total of five Ebbinghouse Eagles. We are soon going to have two more. (Two of my nephews have completed the requirements and passed the Board of Review for Eagle Scout.) You are dead wrong if you think for a minute that I am in anything other than the business of  telling and presenting the truth.

Second, in lawsuits one thing that has to be determined is whether someone is lying. In fact, many jurors will tell you that the one thing they are really trying to find out is, “Who is the liar?” Don’t expect to win a lawsuit if you lie.  Yes, sometimes people are not liars when they are not accurate about what occurred.  Some people have different perceptions of the facts, forget something and are not completely accurate because they did not remember everything in detail.  However, jurors are looking for the liar. If they find someone who is a liar or whom they suspect is a liar, they lose their case.  The quickest way to lose a case is to lie. Liars are not winners, they end up losing their case.

Many people believe that folks who file a claim or sue someone are out to get something for nothing.  Unfortunately, the bad apples who do lie make getting justice difficult for those who truly have legitimate claims.  For a disgusting video of people who are liars and deserve every minute they spend in jail, you can watch a video clip of them in the act of committing insurance fraud.  Those are not the kind of people I represent.

You must always tell the truth.  It is the morally proper thing to do.  Honesty is always the best policy.  By telling the truth, a jury  will feel confident that you are someone who can be trusted. You will avoid losing your case because of something that could have easily been prevented by always telling the truth.

________________________
Questions? See my Frequently Asked Questions page. You can also Order FREE my book,

“Seven Deadly Sins That Can Wreck Your Alabama Injury Claim” for more in depth information.

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