Why Do A Majority of Personal Injury Claimants Decide To Settle Their Case?

Someone that has filed a personal injury claim has the chance to go after a huge award, by fighting the defendant in a courtroom. Still, most claimants choose to settle their case and avoid the need to appear in court. Why do they forsake the chance to seek a big payoff?

Litigation introduces uncertainty

A deposition must precede the trial. A plaintiff might say something wrong during the deposition. That could give the defense a reason for adding to the questions that it planned to ask the plaintiff during the trial. The plaintiff’s answer to that one question might lower the amount of money asked as compensation for injuries. Not all decisions can be changed by seeking an appeal. That fact underlines the reason for caution, with respect to placing a lawyer’s client (the plaintiff) on the witness stand.

Settling saves money.

At a trial, Personal Injury Lawyer in Oakville normally needs the testimony from at least one expert. Any experts that testify during litigation proceedings must be paid. A lawyer must spend many hours in a courtroom, if the lawyer’s client has a case that has been scheduled by the court. The time that lawyers spend in such a setting reduces the amount of time that those members of the legal community can devote to an investigation of any client’s case.

Settlement allows retention of privacy

The personal information of anyone that gets mentioned during a trial can become exposed to the public. Both the plaintiffs and the defendants welcome the chance to preserve the privacy of their personal lives.

Settling saves time.

The legal system has put no limit on a trial’s length. In addition, at a trial’s conclusion, either side might elect to appeal the court’s decision. That extends further the length of time that it takes for a resolution of the initial dispute. Due to the uncertain nature of the final decision, that time might be wasted by those that are seeking a fair compensation.

When 2 disputing parties settle, there is no focus on liability.

After the plaintiff’s lawyers and the defendant’s legal team have reached an out-of-court agreement, the focus is on the amount of money that the defendant will pay to the victim/plaintiff. When a judge is not present, there is no need to assign liability to either party.

When the issue of liability has been removed from the picture, the defendant enjoys a special benefit. Not only does the defendants need to admit liability disappear, but something else vanishes, as well. Following all litigated personal injury cases, defendants must bear their guilt, while paying the demanded fee. By agreeing on a settlement’s terms, defendants can remain free of guilt, while submitting payment for a fee.

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