Accept A Settlement Or Go To Trial?

Settlement of a claim is a formal resolution between the parties before it goes to trial. Contrary to television shows and popular belief, most personal injury claims settle before a trial is necessary. With a settlement, an agreement is reached where the defendant offers the claimant a sum of money in exchange for a release of legal liability. In fact, most cases of all types arrive at resolution out of court. There are a few reasons for this.

Money most often plays into whether a claimant will choose to settle as opposed to going to trial and potentially losing. Considering most claimants have already incurred large monetary losses, the risk of coming away from a trial with nothing is concerning. Coming before a judge or jury can be uncertain and there is simply no way of knowing which way the verdict will go or what the damages will be. A trial will also expose the claimant to potential additional legal fees with the risk of coming away with an unfavorable outcome. Often, a claimant will prefer to come away with a sure thing over that uncertainty of a trial. Most injury lawyers in Stouffville recognize the risk and prefer to negotiate a fair settlement first and foremost, going to trial often as a last resort.

On the flip side, insurance companies will typically offer settlements to avoid the risk of going to trial and potentially losing more in a verdict. An insurance company is usually more interested in settling and moving on so they will often choose settlement over the unpredictability of a trial. A good Stouffville personal injury lawyer will understand what a case is worth and suggest a range for an equitable settlement for the claimant. The insurance company is also thinking in terms of range for a settlement, so when the ranges overlap, it is seen as a reasonable settlement.

Time can be a large factor when it comes to trial versus settlement. There is simply a lack of judicial resources for court cases and, consequently, a case can often take two years to be heard. Stouffville injury lawyers realize that civil cases often come at the back of the line. The losing party can also appeal the verdict, dragging the process out further. Add that to an already involved case that has taken a great deal of time to determine the outcome of injuries and the time element can be an additional burden when a victim would like to get things finalized and resolved.

Privacy can also be a consideration when choosing whether to settle or go to court. A trial will open private matters up to the public, even as far as considering social media posts as evidence. A settlement will keep details private and many settlement agreements will now add a confidentiality clause.

An experienced personal injury lawyer in Stouffville will analyze whether a settlement is in the claimant’s best interest and advise accordingly. But the ultimate decision lies with the claimant. It is important to get the best possible representation when it comes to injuries sustained from an accident. Contact the legal team at Makaronets Law https://makaronetslaw.ca/stouffville-personal-injury-law.html to get the most comprehensive representation after an injury.