Highlighting Why Most Personal Injury Cases End With Out-of-Court Settlement

Although there are some accident victims that actually relish the chance to seek revenge on the allegedly responsible party, most of them opt for pursuit of compensation by means of an out-of-court settlement. That choice reflects a victim’s ability to recognize both the benefits and drawbacks to utilization of the litigation process.

Agreeing to settle is cheaper than pursuit of litigation.

The plaintiff can hire a personal injury lawyer in Ottawa. Such lawyers ask for payment of a contingency fee. The size of that fee increases, if the retained attorney must spend many hours in a courtroom. The defendant’s lawyer normally charges on an hourly basis.

The settlement process is faster than scheduling a trial.

The terms of a settlement are final. Neither side can appeal the decision that was made, following negotiations.

If an insurance company were providing the plaintiff with a lawyer, the trial’s length would need to demonstrate good faith on the part of the insurer. If the plaintiff were to make a reasonable offer, during a trial, the defendant would not have a right to refuse acceptance of the same offer, simply because the insurance company was paying the bill.

Agreeing to settle is less risky than seeking the decision of a judge or jury

A plaintiff has more control over responses to the presented allegations

The outcome from a trial is unpredictable.

An accident victim must deal with a larger amount of stress, when taking part in a trial, instead of a settlement process.

The same victim could have to testify on the stand.
The public learns all aspects of the plaintiff and defendant’s life.
There is a level of uncertainty during all aspects of a trial.

—No one can be sure how the judge might rule on a particular issue
—No one has any clue, concerning the jury’s decision.
—There is always the chance that either side might try to introduce new evidence.

In most circumstances, the accident victim enjoys a greater level of privacy, if he/she elects to seek compensation by taking part in the settlement process.

During a typical trial, the public has a chance to learn about all aspects of both the plaintiff and defendant’s life.

—Their background
—Their education
—Any past dealings with law enforcement officers, or with the legal process
—The relationships within the family
—Their financial situation

Still, there are times when the privacy of the plaintiff and defendant do not get invaded, during the course of a scheduled trial. That is the case anytime that the presiding judge has issued a specific order. That would be an order that all of the records relating to the plaintiff’s case must be sealed.