Should You Settle Or Go To Court?

Our legal system has designed 2 different ways for someone that has suffered a personal injury to seek compensation from the responsible party. One way involves negotiating a settlement. The second method entails filing and pursuing a lawsuit.

Why does it normally pay to settle?

• That way is cheaper; there are no lawyer fees.
• That method is faster; the plaintiff does not have to attend multiple hearings.
• The results for the second method are more predictable. The plaintiff has more control over the results.

The steps that lead to possible negotiations

The claimant-lawyer team collects valuable evidence. The lawyer writes a demand letter. That letter gives the date and time of the accident. The same Personal Injury Lawyer in Kitchener then sends the demand letter to the responsible party, or the insurance of that same individual.

If the responsible/opposing party agrees with the facts in the demand letter, the claimant’s attorney receives a counter offer from the opposing party. The issuance of that counter offer sets the stage for negotiations.

If the responsible party refuses to accept the allegations being made by the claimant, the claimant’s lawyer does not receive any response. That lack of a response should signal the need for the claimant to file a lawsuit.

If the counter offer made by the responsible party happens to be extremely low, then that could provide the claimant with a valid reason for filing a lawsuit. In that case the counteroffer would be so low that it would seem almost impossible to settle on a fair compensation by using negotiations.

Possible advantages linked to pursuing a lawsuit and going to court

Depending on the strength of the lawyer’s argument, the plaintiff has reason to hope for the ability to win a large compensation.

If the plaintiff does not win a large compensation, the plaintiff’s lawyer can seek an appeal.

Risks assumed by going to court

The jury might side with the defendant. If the jury did side with the defendant, then the plaintiff could get denied compensation.

The plaintiff would have the right to appeal the jury’s decision, but that would prolong the entire process. As a result, the plaintiff would need to wait much longer, in order to have hope for receiving any monetary compensation.

Only an insurance company that is financially sound can come forward with a large compensation package, in the event that such a package has been requested. A lengthening of the process could allow the insurance company to lose whatever funds it might be able to use as compensation for the injured plaintiff.

The court cannot demand payment of money that the defendant’s insurance company no longer has. A longer process can lead to a smaller compensation package.