If I sue a company and they settle without going to trial, did they "lose" the lawsuit?
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If I sue a company and they settle without going to trial, did they "lose" the lawsuit?
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Let's say I got injured due to a product manufactured by company A and so I sue company A. Our lawyers negotiate and company A's lawyers say they don't want to go to trial. Instead, they offer a settlement of $5 million, and I accept. Is it fair to say that company A "lost" this lawsuit, or do I say they "settled"? Or can I say I won? Is it misleading in any way for me to say "I sued company A, and they lost and had to pay a huge settlement", even though it never went to trial and no judge or court forced them to pay up?
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Good answers, however, in the above scenario can I say I "won" the out of court settlement of $5 million, even if I don't say anything about them "losing".
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reallypablo
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Settling is not winning and it is not losing. It is settling. It would be misleading and borderline untruthful to say you 'won' when the case was never adjudicated. You definitely did not win in the legal sense, and to say you won (meaning in the layman's sense) is misleading. To be safe and to not get sued for defamation by the company, you should just say that you settled out of court for a sizable amount. However, I would be absolutely amazed if the company's lawyer didn't include a confidentiality clause requiring you to keep your mouth shut in any event. |
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andygroch
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Settling out of court is different than going to trial. They settle without admitting blame. In court they are either innocent or guilty. There are implications in a court case. In a settlement you give up any further rights against that company in the agreement. |
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quizzard123
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In almost every case, a settlement such as you describe will come with two provisos: first, that they do not officially admit liability or guilt, and second, that you agree to never disclose the terms of the deal.
So they did not officially 'lose', and you can't even say you received a payment in settlement. |
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Dismissed on 7th April 09 for intimidating behaviour, with a start date of 23/4/08.Investigations were not conducted fully (Requested to re-investigate certain ... |
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