Claimants that choose to settle, instead of pursuing a lawsuit, save themselves both time and money. In addition, each of them enjoys certain other benefits.
The process of settling with the opposing party provides both parties with a greater level of certainty
Each of them has more control over the amount of money that might be demanded, as compensation for the victim’s losses and injuries. No jury or judge rules on how the case has been decided.
A claimant could feel uncertain about what action to take, if an adjuster were to pretend possession of certain medical knowledge. Doctors recognize the fact that their patients often gather a sound understanding of their malady. During litigation, an expert is able to challenge any unsound medical claims.
On the other hand, litigation can invite the emergence of surprises, such as a judge’s unexpected ruling or a witness’ poor performance on the stand. If a judge were to make a mistake, either side could appeal the judge’s or the jury’s decision. Still, that would take time. During that longer period of time, the outcome would remain uncertain.
Understand, too, that plaintiffs should not assume that a trial would end with the declaration of a court-ordered judgment. The legal system has been designed to allow for creation of a settlement at any point, even just before a reading of the jury’s decision.
In such a situation, the settlement amount would probably be less than the possible court-order judgment. The endpoint for a litigation process remains uncertain throughout any unscripted trial.
There is more certainty attached to a scripted trial. However, that sort of proceeding only takes place before a group of TV or movie cameras. Who wants to be on camera, while seated in a courtroom?
The process of settling provides the claimant with a greater level of privacy.
During a trial, members of the public are present. Any of those in the courtroom could hear the statements made by the witnesses. Any witness could be asked a probing question, one that would force the same person/witness to share personal information, as per personal injury lawyer in Calgary.
The expenses that are linked to litigation affect both sides.
The claimant has a higher contingency fee, because the attorney increases the percentage of funds that will get taken from the client’s winnings. In addition, the same client must cover the added costs, which means a further deduction from any compensation or court ordered judgment.
The defendant must pay for his or her defense, or must count on an insurance company to furnish a defense lawyer. The insurance company could end up paying far more than it would have, had it been able to agree to a settlement.