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A mix of various factors helps to determine the chances that any given case might go to trial. One primary factor relates to the case’s level of complexity. If the person at-fault can be clearly identified the likelihood of a pre-trial settlement increases. If the issue of negligence seems less clear, it becomes harder to achieve a pre-trial settlement.
Benefits linked to settling, before the need for either party to make a court appearance
Though there are no count on the number of personal injury cases that are settled out of court and do not go for trial, but it has been seen that about 90% of such cases in Ontario are settled through negotiations. If your case has clear with the at-fault party identified, it is for certain that the claim will be settled without going for trial.
One of the benefits linked to the act of settling, before presenting one side of an issue in court. While victims benefited from the shortening of the time during which their life does not feel “normal,” the lawyers also welcomed one of the benefits that they enjoyed, by agreeing to settle, without making an argument in a courtroom. The lawyers got extra time in which to focus on getting a good payment for their client.
What can slow attainment of a settlement?
When the two sides come to an agreement in a short period of time, any possible benefit that might be linked to a settlement reaches them sooner. Still, one or both of them might think that the offer made does not seem fair. In that case, it should take them longer to reach an agreement.
Sometimes the issue of fairness concerns the compensation for pain and suffering. At other times, it might arise because one side has failed to make an offer that manages to cover all of the accident victim’s medical and other bills.
What step follows realization that agreement (settlement) cannot be reached?
If the procedure advances to that point, the two parties and their lawyers must prepare to move on to the mediation phase. At that step, both parties work with a mediator and try to arrive at a fair amount for the awarded payment.
Naturally each party has an Injury Lawyer in Barrie at his or her side, when meeting with the mediator. The lawyer can guide the person that must answer the mediator’s questions. Ideally, the mediator’s skills help to ensure the effort to arrive at a fair and equitable payment for damages. Yet if those skills fail to accomplish that task, then the case will indeed go to trial.