The year is 1935 and it is a sweltering summer eve when Cecilia Tallis, played by Keira Knightly, and Robbie Turner, played by James McAvoy, begin a torrid affair in the library of Cecilia’s parent’s British countryside estate in this year’s Best Picture nominee, Atonement (GE). But their courtship is cut short when Robbie is falsely accused of a crime—rape—and the repercussions of his wrongful conviction are felt for the rest of their lives. 

False evidence prevented Robbie from clearing his name in Atonement, and he went to prison, but what if instead of being accused for rape he were falsely accused of something in a civil suit? In real life many defendants in civil lawsuits choose not to go to trial, despite their innocence. “Settlements never feel good, but going to trial is expensive,” says attorney Wayne Chiurazzi, who does construction claim defense in Pittsburgh, PA. “Leading up [to trial] is expensive, whether it’s discovery or depositions, in addition to all the court appearances before the trial even starts.” 

According to the U.S. Justice Department, about 97% of cases are settled or dismissed without trial. “The uncertainty of the courtroom, coupled with expense, drives settlements,” says Russell Winslow, a litigation attorney based in San Diego, CA. That uncertainty prompts many defendants to settle, even if they feel they aren’t liable. “For example, if the case is over $50,000 of alleged damages, a client may not want to spend $100,000 to clear his name if he can settle for $25,000,” says Winslow. 

Are you are in a legal bind and considering settling the case? The first thing a defendant should to do is meet with an attorney to calculate the potential expenses of a trial. “We’ll analyze how long it will take, how much attorneys fees are and the costs for experts, then we’ll try to get it resolved,” says Chiurazzi.

Even if the defendant is triumphant in the courtroom, it is rare to recoup the money spent on legal fees. Unless your state has a provision that the loser pays—Alaska, Oklahoma, and Oregon have the most fee-shifting–or a business contract with a legal fees clause, it’s unlikely you’ll come out financially ahead. 

And, just because you settle does not mean you are admitting fault. Settlements are not limited to monetary amounts, and can be structured with language to vindicate the defendant. “Sometimes there’s a demand that goes along with the offer like making a public apology or a retraction,” says Winslow. “People put value on that.” 

You can also always have a confidentiality cause, or a non-disparagement clause, that keeps the terms of the settlement confidential and prevents either side from speaking negatively about the other. “Most of the time agreements state that neither side claims responsibility to liability, and they’re simply settling to end litigation,” says Chiurazzi. “In the release specifically to the defendant, it states that the defendant it not admitting to any liability.”

Unfortunately, if you’re named in a lawsuit the only thing you can do is defend yourself. “If you don’t, you’re subject to a default judgment and you’re done,” says Chiurazzi. “It’s as if you went to trial and lost. Then it’s all about damages.”