Advantages To Settling Out-of-Court

Most personal injury disputes get settled out-of-court. Often the disputing parties have agreed to the settlement before either of them has filed a lawsuit. Why do so few personal injury cases make their way to the stage of litigation?


The parties in a personal injury dispute can resolve their differences at any time, after submission of a personal injury claim. A series of negotiations could lead to an out-of-court settlement. Still, there are times when the parties that have faced each other in a courtroom have agreed to settle their differences, instead of awaiting the jury’s decision.


Obligations of plaintiff, after both parties agree to settle:


The plaintiffs agree to forego pursuit of a lawsuit, one relating to either a recent accident or other harmful incident. Personal Injury Lawyer in Brantford knows that plaintiffs demonstrate their readiness to meet that specific obligation by signing a release form.


Insurance companies prefer the settlement process to litigation.


Insurers realize that waiting for a jury’s decision can prove risky. Defendants, policyholders at various insurance agencies can have their negligent actions hidden from the public’s view, by using the settlement process.


Accident victims also embrace the chance to settle with the other side, instead of facing that same opponent in a courtroom.


Results from a negotiated settlement become known much faster than those obtained through initiation of trial proceedings. Faster results should mean an earlier payment. Lawyers charge their clients more, if their case moves from the negotiation stage to the litigation stage. In other words, a claimant would save money by trying to settle out-of-court.


Moreover, a claimant is sure to receive at least some money, as the result of a negotiated settlement. On the other hand, there is always the chance that a jury might decide in favor of the defendant, and not award any money to the plaintiff.


The message for accident victims


That message is really a question: What are you willing to sacrifice? Do you want to save money and do without a lawyer’s guidance? If you do try negotiating with an insurance company on your own, you might end up settling for less money than the amount that would be in a fair deal.


Do you want to get some cash just as soon as possible? You might agree to settle before each of the accident victims has arrived at the point of maximum medical improvement. Why would that time schedule force you to make a sacrifice?


You would make a sacrifice because, in order to receive your compensation, you would have to sign a release form. Your signature would free the insurance company of the need to cover any further medical problems, including those that might develop each victim’s attainment of maximum medical improvement.