Contrary to what most people tend to believe, personal injury cases on the territory of Canada are often not going to reach the courtroom. Studies and surveys show that approximately 90% of the cases are settled prior to entering the court. This is due to a variety of reasons which are outlined below. However, it’s important to understand that governmental laws in Canada are enforceable in every state but each province has own particular laws which may sometimes differ. However, the laws of Barrie, located in the province of Ontario are practically similar to the ones which lie within statutory provisions.
Avoid legal fee
However, the most important reason for which people prefer to settle before reaching the court is to avoid the expensive legal fees that the court charges. Most of them are percentage based and they would vary depending on the compensatory claim. With this in mind, the higher the claim is the more expensive the fee is going to be. This is due to the fact that the case would require the discretion of the court and for this it has to be properly remunerated. After all the money is put towards the development of the legal system which is of everyone’s interest.
Another common reason to go for a settlement is uncertainty. A lot of personal injury lawyers in the town of Barrie are going to prefer to settle because they can’t predict the outcome of the case in trial. This is due to the fact that the judges can always rule in an unexpected way as they are required to treat each case individually. So, in order to avoid any surprises which may leave their client under compensated, most of the lawyers would prefer to negotiate a fair settlement.
Do all settlements have binding clauses?
It’s important to know that settlements have the same binding legal force as any other rightfully struck agreement. The parties under the settlement undertake obligations towards one another which they are required to hold. If one of the parties breaches the settlement, the lawyer can take advantage of shortened legal procedures in order to use law enforcement services to get the breaching party to resume following the agreements under the settlement. This is incredibly convenient and the law is very helpful in this particular endeavor. The main intention is to provide security for the parties under the settlement that the legal system has done and will do everything possible to keep the parties on their right behavior.
After all, the main intention of personal injury law is to compensate the victim without punishing the perpetrator. This is done through the arrangements agreed upon in the settlement and it has to be properly followed for the term that it has been signed for. Otherwise a legal trial can ensue.