A personal injury lawyer in Waterdown performs an assessment of each client’s case; that means determining the likelihood of settlement.
Facts an attorney might consider, when assessing a client’s case
• Strengths and weaknesses of client’s case
• Strengths and weaknesses of the opponent’s evidence
• Challenges that could arise, following a decision to try case
• Chances for winning case, after facing opponent in a courtroom
Any case’s worth is determined by what the claimant could obtain in the way of damages.
• What is the minimum amount of money that the claimant would agree to accept?
• What are the limits on the size of a payout, as stated in the defendant’s policy?
• Does the defendant have any other financial resources?
Facts of particular interest to the plaintiff
• What could be the size of the lawyer’s contingency fee, based on the agreed upon percent of the winnings?
• Could the receipt of settlement money have an effect on the amount owed for state or federal taxes?
• What sort of compromise between the 2 disputing parties might aid achievement of a quick settlement?
Facts for all personal injury lawyers and claimants to keep in mind
During any trial, the courtroom is open to the public. Hence, any information that might get mentioned during the trial could become public knowledge. In other words, a trial acts as an invasion of the plaintiff’s privacy.
Before the 2 disputing sides meet in a courtroom, the same 2 parties meet each other during a deposition. Any of the witnesses could be asked very personal questions during the deposition. There is no limit to the any trial’s length. There is no guarantee that either side could win.
Expected actions for opposing lawyer; expected actions for judge that could be ruling from the bench: Some experienced lawyers make a point of trying their case before a judge that might be sympathetic towards the plaintiff. By the same token, some experienced lawyers try to avoid the need to present a case before a judge that has given a harsh sentence to defendants that had a charge similar to that of the lawyer’s client.
Is there a chance that the other party might refuse to take part in negotiations? Some clients do express a reluctance to take part in negotiations. Typically, a client that would fill the role of plaintiff has envisioned an outcome that would be favorable to him or her.
On the other hand, an insurance company might feel reluctant to forego negotiations, in order to try its luck at achieving a win, when going against the other party in a courtroom. A court’s decision could be appealed, with the hope for reversal of the same decision. No appeal, following a settlement.