You may be considering the idea of filing a personal injury lawsuit and wondering if the case goes to trial, should you just settle beforehand. Here is our list of the pros and cons of settling a personal injury case out of court:
The Likelihood of Going to Court
The lengthy legal process causes a lot of people to hesitate when filing a personal injury lawsuit. Do not let this deter you, most cases never end up in court. One party may offer the other party a certain amount of compensation to avoid a lengthy trial. This resolution, if agreeable to both parties, can take place outside of court.
Reduction of Stress
You could spend a lot of time and energy having to make frequent court appearances. It is an extremely stressful situation for some people to go through the court process. It could be difficult having your private life brought out in court. The details of your life can stay private if you decide to take a settlement outside of court. A lot of your stress can be reduced if your case is settled.
You may decide to settle your case if you have an experienced lawyer in your corner. They can usually inform you how settlement negotiations will go but cannot inform you how a trial will turn out due to not knowing how a jury will see your case. Some trials can go on for three or more years. A settlement could be completed in much less time.
Settling out of court has its share of pros and cons. You are more likely to be compensated if you agree to a settlement.Why, you ask? Defendants in a trial may be presented with ways to avoid making payments to you.
Something else to consider is the expense of a trial. Travel to and from court can cost a lot as well as examinations of discovery and expert witnesses. Depending on the length of time a trial could take you may encounter higher lawyer fees, reducing your total amount of compensation. You will have fewer expenses if you agree to a settlement.
A trial decision can also be appealed, a settlement cannot be.
Settlements are not the Easy Way Out
Usually, a settlement is in your best interest. A settlement may benefit you due to time, money and effort. Your best interests are supported with a good personal injury lawyer in Calgary, but a settlement or court is always your choice.