When you have a personal injury, you may want to file a lawsuit to get compensated for the pain and emotional suffering you have endured.
Likelihood of Going to Court
Some people postpone filing a personal injury lawsuit due to the fact they predict a long and drawn out process including countless days in court arguing their case. With many lawsuits, both parties just want to settle out of court so one party makes an offer and the other will either accept that offer or bring another offer to the table and negotiations will begin until some solution is reached. If an agreement cannot be reached, then the case will go to court.
When a case has to go to trial in order to be solved, this could cause a lot of additional stress. There is so much preparation, appearing in front of a group of strangers, not to mention the time you have to be in court and there are no exceptions. You also find that some of your most important personal details may be brought to light while this case is being heard. When you settle out of court, these details remain private. Settling also has more benefits such as your lawyer will be able to predict the outcome of the settlement so you will get the most out of your settlement instead of just estimating and hoping. The lawyer you hire will reach this prediction based on what you have presented as your evidence and after talking to the lawyer representing the other side. If a settlement can be reached, it could save you a lot of time and hassle. Trials can go on for a few years, depending on what is involved and what is at stake.
Settling out of court has both pros and cons. If you agree to a settlement out of court, you will more than likely receive monetary compensation of some degree. If your case is heard through court, there is a chance that the defendant can avoid making payments to you because many times, the defendant if they lose will file bankruptcy. You will most likely receive payment, if you accept a settlement instead. While it may not be the amount you would have received, if you won your case in court, you will still receive some type of arrangement.
Trials can also be very expensive. When you consider all the time you and your lawyer will have invested in your case, not to mention the witnesses that you will need to track down in order to prove your efficiency. If you have any travel to do, this is an expense as well. Lawyer fees are going to add up and they add up quickly. This is just a small list of items that will cost you if you decide to go to court instead of settling outside of court.
Is Settling an Easy Way Out?
Don’t look at settling out court as an easy way out because it is not. You are simply negotiating with the defendant in order to receive compensation for injuries that were caused due to their negligence. You are saving everyone involved a lot of money by avoiding court.