We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Settlement Litigation?

By Alexis W.
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Settlement litigation refers to the fact that the majority of litigated cases settle outside of court. A litigated case is a case where one party sues another party privately in a civil suit in order to collect monetary damages. This is distinct from a criminal suit, and the purpose of civil litigation is for a wronged plaintiff to receive compensation for various torts or contract breaches. Most often, insurance companies or corporations are the named defendants in litigation, and settlement litigation is a means of limiting risk.

Litigation may take place in many situations, but two of the most common examples arise from personal injury lawsuits and breach of contract cases. An example of a personal injury lawsuit might be a suit where a plaintiff is alleging he was damaged by a defective drug made by the defendant, or a suit where the plaintiff alleges he was hurt in a car accident caused by the defendant. A breach of contract case, on the other hand, occurs when the plaintiff asserts that the defendant did not do what he promised to do in a formal written contract.

In these cases, and other forms of litigation, the plaintiff seeks money. In contracts cases, he seeks money for the damages he suffered due to the non-performance of the promise. In personal injury cases, he seeks money for his medical bills, lost income, pain and suffering and emotional damages resulting from the injury.

The defendant in these cases may wish to explore the option of settlement litigation. Settlement means that instead of the case going all the way to the jury, and allowing the jury to give the plaintiff the amount of money it feels is appropriate, the defendant offers a set amount of money. If the plaintiff accepts that amount of money offered, then the plaintiff gives up any and all further rights to sue.

Settlement litigation can be a good option for the defendant if he believes he is likely to lose the case, as he may then have a greater degree of control over how much money is given to the plaintiff. Settlement litigation can also be a good option for a plaintiff, as the plaintiff receives a guaranteed payout without having to first prove the defendant's guilt to a jury. Whether settlement will be a viable alternative to litigation depends on what the defendant offers, if anything, and whether the plaintiff chooses to accept that offer.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.