Oklahoma Lawsuits - When do cases settle?

February 25, 2009, by
We had a mediation scheduled today at 1:30 p.m. for a wrongful termination case here in Oklahoma City.  Opposing counsel gave me a call late afternoon yesterday to see if we could go ahead and reach a settlement.  We ended up reaching a compromise about 15 minutes ago - that's literally hours before the mediation was to begin.  Props (and a thank you!) to Jake Jones, the mediator we were scheduled with, for not charging us any costs for canceling so late. 

The vast majority of cases settle without going to trial.  Here are some interesting national statistics according to a United States Justice Department study:

  • About 97 percent of civil cases are settled or dismissed without a trial
  • Plaintiffs won 55 percent of the cases surveyed
  • Plaintiffs won less than one-third of medical malpractice trials in 2001
(source: Phoenix Business Journal)

The case that settled today involved a wrongful termination of an employee that was injured at work.  The employer "had to let go" the worker shortly after he was injured at the company.  It is illegal under Oklahoma law (85 O.S. ยง 5), to fire an employee for initiating, or filing, a worker's compensation claim.