Does It Pay To Sue The Responsible Party?

An injured victim does not have to settle with the opposing party’s insurance company. That same victim has the right to sue the allegedly responsible party, and to accept what a jury has chosen to award that particular victim.

The risks associated with suing

Before an insurance company comes forward with an offer, it tries to guess what a jury would give the claimant, if that same claimant were the plaintiff in a lawsuit. As a result, the insurance company’s initial offer reflects the company’s opinion, regarding the possible jury’s verdict, following a trial.

When developing that opinion, the insurance company normally assumes that the other party has put together a decent amount of evidence. However, if a plaintiff did not have such evidence, then that particular plaintiff might not win his or her case.

Consider what it would mean if a plaintiff failed to win his or her case. In that instance, the plaintiff would not receive any money. In other words, that same plaintiff would have taken a huge risk by refusing to settle, and electing to sue the defendant.

Is it worth the risk?

Some claimants do become plaintiffs, because they feel that such a move is worth the risk. While any plaintiff might end up losing a tried case, the same plaintiff might also win more money that he or she could have received by settling with the opposing party. It is that possibility that causes the action of initiating a lawsuit to qualify as a move that is worth the known risk.

Why is it that the amount awarded by a jury can be so much greater than what might be promised in a settlement?

During negotiations for a settlement, the claimant cannot ask to be granted a generous amount of money as compensation for pain and suffering. Yet that is not the situation in a courtroom. There the plaintiff’s lawyer has the right to advocate for a generous award, as compensation of a client’s pain and discomfort.

That fact explains the observation that some of the court-decreed awards for the plaintiff in a personal injury case are quite large. The jurors in some jurisdictions have a tendency to give plaintiffs in a personal injury trial a rather large amount of money. Of course, not all juries do that.

Personal injury lawyers in Oakville have learned the inclinations of the juries in different jurisdictions. The average plaintiff has not. That is another reason why plaintiffs take a risk whenever one of them has chosen to sue the responsible party. None of them can be sure what a given jury might decide, on the basis of the evidence that the plaintiff’s lawyer plans to present during the trial.

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