Typically, the victim that suffered a personal injury in an accident cringes at the thought of going to court. Still, there are drawbacks to ending a disagreement with an out-of-court settlement.
What takes place in court, and how does that force both sides to deal with a drawback?
The judge and jury interpret the law. The judge and jury determine who was at fault. The person named at-fault for a given accident must pay compensation to the victim(s). At the start of a court session, there are no guarantees, regarding what the judge and jury will decide, and how much money the defendant might need to pay the victim. If the plaintiff’s lawyer makes a convincing case, the defendant might get hit with the need to pay a huge amount of compensation.
By the same token, if a personal injury attorney makes a weak presentation, the attorney’s client might leave the courtroom with only a small reward. The same result would be possible, if the attorney failed to explain the life-changing consequences for someone that has suffered an injury such as the one suffered by the attorney’s client.
What are the principle features of a settlement? What are the big advantages to settling, before going to court?
Personal injury lawyer in Edmonton knows that a settlement ensures the resolution of a dispute by means of an agreement, one that has satisfied both sides. Moreover, both sides feel more certain of how the dispute might be resolved. The disputing parties enjoy other advantages by settling, instead of going to court. The dispute comes to an end quickly. Neither the plaintiff nor the defendant gets exposed to lots of public scrutiny. In addition, neither side can submit an appeal.
There are many advantages linked to settling. Are there any drawbacks?
Yes, in order to reach an agreement, the 2 sides may have to compromise. One party may need to go along with a proposal that does not seem appealing, in order to gain the other party’s approval of an opposing suggestion. Someone that always wants to be the winner might not feel happy with the agreement that gets reached during negotiations. Negotiations normally end with a settlement.
On the other hand, someone that finds it possible to empathize with the other party’s point of view might find settling far preferable to a victory in court. In other words, an attorney should be ready to accommodate a client’s wishes. If a client welcomes the chance to take part in a court fight, then a good personal injury lawyer should be ready to advocate for the same client in a courtroom setting. However, if a client feels reluctant to take part in a trial, then the lawyer should focus on settling.