Various reasons could push you to consider a personal injury claim, from motor vehicle accidents and medical malpractice to premises liability and workplace accidents. Each injury claim goes through specific processes, which you’ll need to understand from the onset. While the result is never known beforehand, you can be sure that settlement negotiation is part of the process. Most personal injury claims stop at this stage. Instead of going through a rigorous court process, both parties agree on a settlement. You could attribute this to the following reasons.
An excellent settlement assures you of a relatively good reward. Going to trial could expose you to a more dissatisfying result, as the court could rule against you. Settling ensures that you are protected against this uncertainty.
Often, things start to get thick at the discovery stage, where both parties need to present information that’ll be used to build evidence at the trial. In this case, you will not know whether you can get all the witnesses and expert witnesses to back up your account. Failure to provide enough convincing evidence could jeopardize your case even further.
At the same time, there are fewer chances of a settlement getting reversed. The opposite might happen if you go to trial. For example, you do not expect an appeal after agreeing on a payment. In contrast, a post-verdict motion or appeal could change your fate if you go to trial.
If you are looking forward to minimizing costs, a settlement will be an excellent choice. This option means that you will no longer spend money on litigation. Remember, while you are likely to have a contingency agreement with your attorney, the fee structure does not account for litigation costs. Litigation expenses include travel costs, document filing, case preparation, and legal consultation.
Going to trial means that you’ll need to pay various professionals, including reconstructionists and expert witnesses. These experts might expose you to high costs in the long run. Yet, you are unsure of scoring the trial in the long run. Sometimes, the plaintiff might be responsible for the defendant’s legal fees. In this case, the settlement offer might seem more lucrative, cushioning you from these.
Keep Stuff Private
Undoubtedly, you value your privacy. Opting for a settlement will be an excellent choice for anyone willing to guard their private lives. In this case, you will avoid sharing critical information with the public, including specific images, evidence, and statements. In addition, this move will help protect the victims, particularly if they do not want to relay detailed information to the public.
Remember, the Kuzyk law requires that trials be public. That means you’ll need to provide all the evidence, testimony, and statements in public. Unless you do this, you might lose the case.
Minimize Time Wastage
Going through an entire court process is undeniably tedious. This trial could take ages to complete, yet you are unsure of the result. Agreeing on a settlement could help avoid this lengthy cycle. Besides, it could protect you from significant losses, suppose the trial goes beyond the set time limit.
In addition, a settlement will ensure that you do not suffer from too much workload. A trial process requires multiple documentation, travel, and other litigation services. Increased workload could take a toll on you and your lawyer. In contrast, an excellent settlement is timely, allowing you to focus on your recovery. It will also give you enough room to avoid additional burdens and stress.
To sum it all, settlements are significantly prevalent in personal injury claims. The reasons mentioned above have encouraged this approach to such claims.