Most personal injury cases don’t go to trial. Instead, they settle out of court. There are many reasons why both the plaintiff and defendant would want to settle out of court.
Unlike litigation, settlement is relatively inexpensive
The plaintiff tends to have a contingency agreement with his or her personal injury lawyer in Fort Erie. Lawyers tend to get a third of the pre-trial settlement and 40% that the plaintiff receives after the trial starts.
The defendant tends to have to pay his or her lawyer by the hour. Therefore, this tends to get very expensive after a few days. Defendants pay much less out of pocket when they simply settle. Defendants find that they have to pay a pretty penny for transportation, room, and food for expert witnesses, court costs, other travel, and lost wages and income.
Trials also always have a discovery period. Both parties obtain depositions from each other and from witnesses and experts during this time period. The defendant’s lawyer may be compensated by his or her insurance company. In this case, the insurance company must settle cases only in good faith. The defendant also has to accept the plaintiff’s settlement offer, no matter how unreasonable or reasonable it may seem to be.
Trials are stressful
The parties have to put up with a lot of stress that comes from being examined and cross-examined. Their past and character/reputation are also up for public scrutiny. Both parties and their legal teams will also have to work very hard during the days preceding the trial. The defendant will pay money to the plaintiff when a verdict is reached and the trial settles.
There is no surefire way to predict liability and damages during the trial
A case can settle for a lot of money in court or it could settle for nothing at all. There is no real way to predict exactly how the jury and judge will decide. All types of surprises can emerge from unreliable witnesses to evidence that the judge throws out of court. There is no way to predict the amount of the settlement that the jury will award the plaintiff.
The trial and appeals process can drag on
Even though trials tend to end after a year, the case can go on if the party that loses appeals it repeatedly. In fact, it’s not unheard of for simple personal injury cases to take 3-4 years to finally settle. Both parties, on the other hand, know exactly how much money will exchange hands when a case settles out of court.
Trials are public
The full details of every trial are made public. This means that the entire world can potentially see and judge the nature of the trial and the character of everyone who is involved for themselves. The defendant doesn’t have to admit that he or she is guilty when settling out of court.