Justice Isn’t Instant: Understanding the Long Game of Litigation

Filing a lawsuit can feel empowering—especially when you know you’re in the right. But it’s important to understand how the process works and what you may encounter along the way. Unfortunately, being legally correct doesn’t mean the other side will immediately pay what you’re owed.

Defendants Rarely Pay Up Front

When a lawsuit is first filed, most defendants don’t rush to offer a fair settlement—even when the facts and law favor the plaintiff. Instead, many will “call your bluff.” They’ll test your resolve by making the process as difficult, time-consuming, and expensive as possible, hoping you’ll walk away or accept a low offer just to be done with it.

Early Settlements Are Often Minimal

In the early stages of a case, before any substantial evidence is exchanged, defendants often treat lawsuits as a mere nuisance. Any settlement offers at this stage are typically low and may not reflect the actual value of your claim. The goal is to make the case disappear quickly and cheaply.

Discovery Changes the Landscape

Once the discovery process begins—when both sides exchange documents, take depositions, and gather evidence—the dynamic starts to shift. As more facts come to light and your case becomes stronger, its settlement value begins to increase.

The more credible and well-supported your claims appear, the more seriously the defendant is likely to take the case. A solid evidentiary record can put pressure on the other side to negotiate in good faith.

Settlement Is a Compromise, Not a Windfall

Even if you’re legally entitled to damages and possibly attorney’s fees, settlement almost always requires compromise. Defendants don’t agree to settle because they want to reward you—they do it to avoid the risk and cost of trial.

Most settlements involve a single lump sum payment to resolve the case permanently. That amount is typically intended to cover everything: your damages, legal fees, costs, and any future claims. It’s rare for a defendant to separately pay your attorney’s fees as part of a pre-trial settlement, even if you might be entitled to them after a trial victory.

Preparing for Trial Increases Leverage

If your goal is to maximize the value of your claim, you must be willing to invest in preparing the case for trial. This can involve hiring expert witnesses, conducting extensive discovery, and spending significant time and resources to build a compelling presentation.

The closer you get to trial—and the more prepared you appear—the more leverage you have. Defendants often raise their settlement offers as trial approaches and the risks of a courtroom loss become more real.

Winning Isn’t Always the End

Let’s say you go to trial and win. That doesn’t necessarily mean you’ll receive a check the next day—or even at all. A few important things to consider:

• Appeals: The losing party may file an appeal, which can delay payment for months or even years.

• Inability to Pay: The defendant may lack the financial resources to satisfy the judgment and could file for bankruptcy protection.

• Refusal to Pay: Some defendants may simply avoid paying, leaving you to enforce the judgment.

Enforcement can be an entirely separate legal process, involving garnishing wages, seizing assets, or placing liens on property. Each of these steps can be costly, time-consuming, and uncertain.

Final Thoughts

Litigation can be a powerful tool to seek justice and compensation—but it’s not simple, fast, or guaranteed. Many defendants will test your patience and persistence at every stage. While early settlements may be disappointing, your negotiating power grows with preparation and strong evidence.

Whether you choose to settle or pursue a trial, understand that every step involves strategy, compromise, and risk. The more prepared you are for the full journey, the more likely you are to reach a fair and meaningful resolution.

If you need a seasoned, Southern California litigation attorney to help you with a dispute, call Benjy Law Corporation in Beverly Hills and ask for a free consultation with Bobby Benjy. Mr. Benjy prides himself on integrity, honesty, and transparency in his treatment of all clients. He can be reached at (310) 203-2650.