Personal Injury Lawsuits –
The Benefits of Settling Out Of Court
In the event of an accident and suffering injuries, due to
the carelessness of another person, you have the right to file a personal
injury lawsuit. However, this type of lawsuit is usually settled before the
case even reaches trial. This is because settling out of court provides
numerous benefits over taking it to court. To understand more about these
benefits, continue reading.
Settling is Less Expensive than Trials
Typically, in any case, the plaintiff (injured person) will
have to go through a contingency fee arrangement with his/her attorney. Among
the most common arrangements are that the attorney will receive 40% of any
amount received after trial, or 33% in a pre-trial settlement.
If the case reaches the court, the defendant will need to
hire an attorney and would have to pay an hourly rate, and judging by the fact
personal injury lawsuits are time-intensive, you will have to pay a lot of
money to your lawyer, compared to settling. Therefore, settling is a better and
feasible option. The earlier a case settles, the less you have to pay.
It is Less Stressful
Although many trials don’t last for more than three or four
days, the process can get extremely stressful for you or anyone else involved.
Both parties will be interrogated in court and will have to answer questions
publicly. Therefore, settling a case out of court is a better option as you do
not have to experience any pressure. The defendant will agree to pay financial
compensation for the damages caused or injuries you sustained. Thus, the matter
will need not be disclosed publicly and will be concluded in a peaceful and
less stressful manner.
It is a Faster Process
Trials are often delayed and do not commence until a year
after the initial personal injury claim is filed. Even if you do win at trial,
the defendant may prolong the case by filing an appeal. Therefore, it could
take years for you to receive appropriate financial compensation for your
injuries or damages, sometimes even longer. However, with a settlement, both
parties know accurately how much money will exchange hands and after reaching
an agreement on the settlement they can put the matter behind them and never
look back again.
Settlements are Private
In court, unless the judge reviews and orders for the
records to be sealed, which is rare, all details of your personal injury case
will be available publicly. Therefore, all the evidence, witness testimonies
and everything both parties gathered, will be available to every person.
However, by settling a personal injury case without going to trial, both
parties are in control of what remains public and what remains private.
Looking at the benefits mentioned above, there is no doubt
that settling a personal injury case out of court is a much better and feasible
option. However, even settling outside court can be a complicated process,
which is why it is advised to contact Litvin Law Firm and get in touch with Gennady
Litvin, a professional lawyer who specializes in personal injury cases.
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