While the majority of personal injury cases will be settled before they ever make it to court, there are also more complex cases which do end up on trial. And regardless of whether you are defendant or plaintiff, you will likely be anxious about whether your case will be one of the few to end up in the court room.
Factors Which Will Affect Your Settlement
If your case is a clear cut one where liability is easy to pin down, you will most likely never have to deal with the court and trial phase. The percentage of such cases in the province of Ontario is estimated to fall around the 90% mark.
Why Pre-Trial Settlements Are Preferable
There is a vast number of benefits that come with settling a case before it every makes it to trial. The biggest benefit for a lot of people is that the case will be over and done with once it has been settled so they can return back to their regular lives. Furthermore, the majority of personal injury lawyers will also act under the assumption that the case will be settled prior to trial, which means that a large portion of their time meant for trial preparation will actually be spent building a case with a chance of a high settlement. If you wish for your case to settle before trial, be sure to let your lawyer know so.It should also be noted that, while some cases do reach a higher settlement post-trial, that is far from guaranteed. Many actually reach a settlement that isn’t agreeable for either party, but leaves them with no chance for further negotiation.
When No Settlement Can Be Reached
Sometimes, there will be instances where a settlement is simply not reached. Oftentimes because the plaintiff refuses to accept an offer that will not cover all their medical and other accident related expenses. Such cases will then take a long time to settle as negotiations drag on and on. It does not help anyone as the accident victim loses out on time and money while the defendant is embroiled in the claim process for a long time. Only the insurance company wins as it does not have to make the payout.
However, when your Personal Injury Lawyer in Kitchener starts pushing for you to settle regardless, it will most likely be for a reason. For instance, they may have reason to belief that taking the case to trial will result in less compensation for you.Your chance for accepting an offer will then be during mediation, which is the stage that precedes the trial phase.