A commonly asked question in regards to personal injury cases is whether or not a case will go to trial, and whether it would be best to settle it in or outside of court. In order to answer this question, we have put together a guide to in- and out of court settlements.
Chances of A Case Going To Trial
A huge portion of people tend to hesitate when they are given the opportunity to file a personal injury lawsuit against a person or company who caused them harm. Oftentimes, this hesitation stems from the fear of legal proceedings which tend to drag on for long periods of time. However, statistically speaking, the chances of a case reaching the courtroom stage are minimal. More often than not, a case will be settled prior to trial and throughout negotiations with the opposing party. In most cases, all involved parties wish to avoid trial and will thus make settlement offers, which the plaintiff is free to accept or deny while considering whether a court settlement would be more or less beneficial to them than taking the proposed offer.
Pre-Trial Settlement Reduces Stress
One of the main reasons for people to avoid taking their case to court is the stress. The preparation, the public speaking, and the trouble of fitting the multiple court appearances into their schedule can put a lot of strain on a person. Another factor is the invasion of privacy that comes with having parts of your private life presented in court. Today, this most frequently happens when social media posts are used as evidence.
You should also consider that your Personal Injury Lawyer in Barrie will have a good chance of predicting a pre-trial settlement, but little to no chance of predicting a trial’s outcome. Because, while a lawyer can often predict the outcome of negotiations with an insurance company representative or lawyer, they will have no way of predicting who will be part of a court room jury. All of these stresses are eradicated when a settlement is reached pre-trial.
Financial Pros of A Pre-Trial Settlement
Your chances of obtaining compensation are higher for an out of court settlement since it will eliminate a lot of opportunities for the defendant to avoid their payment, i.e. filing for bankruptcy. However, an in-court settlement sometimes leads to a higher compensation amount, though this is not a guarantee, and oftentimes such a settlement will exclude punitive damages. However, never try to represent your rights but hire the services of a personal injury lawyer to do that. They understand the nuances of the claim process and can help you get the rightful amount as compensation.