Why Do Most Personal Injury Cases End With A Settlement Instead of A Trial?

Some of the men and women that place a personal injury claim on file at the courthouse dream about winning lots of money in a future trial. Yet, most such cases end with a settlement.

Problems that might arise during a pre-trial discovery session

The other side might introduce a crucial piece of evidence, and thus weaken the case that has been made by your side. Someone on the witness stand blurts out a foolish statement, and, thus weakens your case.

Problems that might develop during a trial

• A scheduled witness fails to show up
• The judge makes a mistake, when announcing an evidentiary ruling.
• The lawyers for both sides manage to assemble a runaway jury, making it possible for the plaintiff to win a landfall.

Difficulties that might be encountered during an appeal process

An appeals court lacks the ability to reverse all types of court decisions. Sometimes even a decision that was incorrect cannot be reversed.

Benefits enjoyed by the disputing parties that have agreed to a settlement

• The plaintiff does not have to provide a lawyer with a consignment fee. Most injury lawyers in Kitchener increase the size of the consignment fee, if they need to advocate for a given client in a courtroom.
• Both the defendant and the plaintiff are freed from the need to spend many weeks sitting in a courtroom.
• Any information shared by either party remains private; no member of the public hears that same bit of information.
• When a defendant provides a claimant with a compensation package at the close of a settlement, the same defendant does not have to admit liability. On the other hand, if a plaintiff wins a case that has gone to trial, the defendant’s liability becomes part of the court’s record.

Possible benefits for plaintiffs and defendants, should their cases get decided by means of a lawsuit:

Jury could rule in favor of plaintiff. The jury decides on the amount of money to award the plaintiff. A jury could please the defendant by accepting allegations about the level of the plaintiff’s contribution to creation of the accident.

If a claimant has chosen to sue an insurance company, that could push the insurance company to settle. Insurers feel uncertain about the outcome of a trial.

Once a plaintiff has hired a lawyer, that same attorney might provide the client with some useful guidance. For instance, an attorney’s study of the client’s case might reveal the absence of a valid injury claim.

The filing of a lawsuit could prove especially beneficial, if an insurance company has alleged that the plaintiff was guilty of comparative negligence. Plaintiffs with a chronic medical condition should work with a lawyer and, thus, fight such an allegation.