What is a Pre-trial Settlement Conference in Georgia?
A personal injury lawsuit does not always culminate in a dramatic trial. In the case of personal injury, most cases are, in fact, settled outside of court via alternative methods and negotiations. These settlement opportunities enable many parties to skip the time, stress, and expense that can be expected in a more drawn-out trial. One important step in this process is the pre-trial settlement conference.
Understanding what you are walking into in a pre-trial settlement conference can help you to set yourself up for success. This article is meant to help readers build a basic, general understanding of pre-trial settlement conferences. For sound legal counsel on your own specific circumstances, contact an esteemed personal injury attorney at the Forsythe Law Firm.
What is a Pre-Trial Settlement Conference?
A pre-trial settlement conference refers to a court-set meeting between the plaintiff and defendant(s). The meeting is set by the court and facilitated by either a judge or an outside mediator, an objective party that is meant to help both sides see if a settlement can be reached. This is an opportunity to take the result of your suit into your own hands; in a trial, there is always a risk (for both sides) that everything will not go your way.
Benefits of Pre-Trial Settlement Conferences
Personal injury lawsuits often benefit tremendously from pre-trial settlement conferences. Some of the main advantages include:
- Reduced uncertainty: A settlement makes the end result in your hands. Trials are unpredictable. Neither side can know with certainty how a trial will go. Settlement agreements give both parties certainty about the end result.
- Faster resolution: A settlement can avoid months, even years, of protracted litigation.
- Lower costs: Going along with the above, settling will almost always result in lower costs related to bringing the suit. A trial takes time. Preparation, court fees: you may even need to tap expert witnesses. Settling early on in the process can avoid the costs associated with protracted litigation.
- Emotional relief: Settling ends the suit. You do not have to worry about the stress of protracted legal proceedings, and not knowing when everything will be resolved.
- Confidentiality: Public trials are public. Often, a settlement agreement will be private.
Topics at the Pre-Trial Settlement Conference
A pre-trial settlement conference will involve the third-party mediator/judge making opening remarks explaining the conference. Both parties will discuss their case and the evidence they have submitted into discovery. Topics might include both sides’ views on the liability of the parties, the extent of damages suffered, future injury that the plaintiff might expect to suffer due to their accident, etc.
The third-party mediator will act to neutrally facilitate the discussions. This might include separating the parties and holding separate conversations with them both, encouraging the parties to consider the strengths and weaknesses of their own case, and to consider various settlement options. A neutral perspective can help parties break through negotiation roadblocks.
Reaching a Settlement
If the parties come to an agreement at the conference, it will be immediately documented. Once the actual agreement is signed by the parties it will be legally binding. The case will not proceed to trial, so make sure you understand the final agreement that you are signing on to. An experienced attorney can help ensure that you understand your position and rights.
If a settlement is not reached, the case proceeds toward trial.
Contact the Forsythe Law Firm
An experienced attorney can help you best present your evidence, advise on what a fair outcome would realistically entail, and negotiate on your behalf aggressively and realistically. For help in your own personal injury case, contact an experienced Atlanta personal injury attorney at the Forsythe Law Firm.
Sources:
blog.cvn.com/berkshire-hathaway-hit-with-145m-workers-comp-bad-faith-verdict-beating-750k-pre-trial-settlement-offer
blufftonicon.com/news/2025/03/22/gerber-vs-onu-ends-pre-trial-settlement
