There may or may not be an opportunity to negotiate for a settlement of the case during the administrative review process, or after suit is filed and before a trial. Settlement discussions depend on how well the claim is presented and how the involved agency feels about the claim. If the case actually goes all the way to a trial though, it will not be a jury trial; your case must be tried in front of a United States Federal District Court Judge, and that Judge will decide if you win or lose and if you win, decide how much in money damages to award.
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