Most car insurance policies state that the policy holder will be furnished with an attorney, if he or she has been found at-fault for a certain motor vehicle accident. That lawyer will be at the policy holder’s side during the negotiations and, if necessary, during any scheduled trial. Still, few insurance companies like to see any case taken to court. Insurers understand why it pays to settle a personal injury lawsuit, instead of going to court.
Benefits of settling
It becomes expensive to devote time and effort to creation of a winning case. True, most personal Injury Lawyers in Lindsay charge on a contingency basis. Still that fee arrangement does not take into consideration the additional expenses. That would include things like expert witnesses, court costs and travel time.
The plaintiff must work with his or her attorney, in order to collect a generous amount of evidence. Then the two of them must prepare for the discovery. That forces the plaintiff to experience the stressing experience of being on the witness stand. Seldom has a plaintiff undergone that same stressful experience in the past.
The plaintiff has filed a personal injury claim in hopes of winning an award. Yet the size of any monetary award becomes unpredictable. The judge’s actions work to determine the size of that award. The judge could exclude evidence or a given witness might prove unreliable. Either situation would pose a threat to the plaintiff’s chances for winning a fair compensation. A huge chunk of the plaintiff’s and defendant’s time gets devoted to preparations for the trial, in addition to long hours spent in the courtroom. If the losing party elects to appeal the court’s decision, the trial’s length gets extended.
During a period of negotiations, leading to a settlement, the plaintiff’s and defendant’s personal information gets withheld from others. The same level of privacy cannot be guaranteed whenever someone answers questions in a courtroom. In contrast to that particular concern, the person that answers questions during negotiations does not have to worry about any such statement getting added to the public record.
An alternative to both negotiations and litigation
That alternative is mediation. The mediator can point out to each side the strengths and weaknesses in their argument. At the same time, the mediator can work to prevent a stalemate. The plaintiff can never anticipate an award, if the two sides reach an impasse, as might happen in court or during negotiations.
When two parties mediate, each of them enjoys the chance to select their preferred next step. They could continue to negotiate, attempt an effort at remediation, agree to a proposal put forward by the mediator or agree to appear at a scheduled trial.