Correct me if I’m wrong, but if the cost for attorney fees, time, effort and abundance of other things outweigh the settlement, wouldn’t it just be logical to settle?
I’m not speaking in absolutes either way or implying that this is the case, but I would much rather just pay my 105$ speeding fine than to hire a 500$ lawyer to fight it.
At the topic though, settlements should not be seen as admission of guilt in the eyes of the law. Completely different however in the court of public opinion, and sometimes that it is warranted. In this situation, I think that it is.
This is one of the 2 reasons cases get settled:
1) the costs of trial outweigh potential award. What people forget about legal cases is that they have a million steps along the way - claim, discovery, mediation, pre-trial, trial. Some of those are long and expensive, and the others are even more expensive!
2) the lawyers on the case convince their client to settle because they aren't sure of winning the case
You're still going? I really hope you're not a lawyer.
The settlement ENDED the lawsuit without requiring anyone to ADMIT liability in exchange for MONEY
This is commonly referred to as hush money.
Quit quibbling over nothing and inventing laws and constitutional rights.
See here is the thing.
If you accuse me of doing harm to you, I have the right to defend myself in court.
If we settle, you give up the right to continue accusing me of that same harm because I have lost the ability to defend myself through the courts...other than starting a claim against you for defamation.
If you wanted to make sure that your accusation stuck and have me convicted, then you shouldn't have settled.
As for everyone else, unless they have intimate knowledge of the case and were not part of the initial claim, they don't have much to grasp in regards to guilt or innocence.
Yes, that's why settlements are so common, and why settlements aren't admissions of guilt.
A settlement was almost certainly the desired outcome for the victim and the accused (Hockey Canada). That's why it happened.
In this type of case, it's rare that the victims want to settle.
Their camp may want to settle, but normally the victims want justice without having to re-live the trauma.
Now, since Justice means being involved in and participating in the trial, it generally becomes unwelcome to the victims.
That's where the lawyers for the plaintiffs get involved in settlement talks.
Defense lawyers always want to settle for any case that can be ugly or a potential loss - settlements always come with non-disclosure agreements and without admission of guilt.
They also prevent re-opening the case due to double jeopardy laws, unless new information is unearthed that was unknown to either party at the time of judgement.
It's why I don't think settlement should be a thing for this kind of case.
We need justice to be the main goal, not some payment to shut people up.
Also, side note:
Hush payment is when you offer someone money to keep them from starting a claim or participating in one.
Once there is a complaint, a settlement is a mutually agreed upon resolution to the claim.