If you have a personal injury claim against someone, the legal system prefers you try sorting out the matter out of the court. However, if you cannot agree, the last resort should be to file a claim in court. A personal injury lawyer will tell you when to settle and when to prepare yourself for trial. Here are some reasons many people settle their injury claims.
Time and Effort
Taking a case to court takes a lot of time and effort. First, you need to track down witnesses and interview them. You need to review the statements of your witnesses to determine whether you should call them during the trial. Additionally, if you decide to summon them during the trial, you need to obtain a subpoena.
Other tasks involved in preparing for a court case include requesting documents, preparing interrogations, and noticing depositions. Even with a good personal injury attorney, the process of taking your case to court is overwhelming.
While settling out of court requires a great deal of preparation, it is nothing compared to going to trial. When you append your signature on a settlement agreement, you only have to file the documents in court and take your compensation.
Courts cases are costly when you consider that trials can proceed for months or years. Even if you win the case, you need to pay high court fees. One of the incentives for settling outside of court is that the cost is more reasonable.
Your injury attorney will get you a reasonable settlement faster than it would take in court. This is especially true for wrongful death and car accident injury claims. Consult your injury lawyer on whether it is economically more feasible to settle your case or go to trial.
Liability and Damages Are Sometimes Unpredictable
While the chance of getting a better award of damages during trial is high, there are no guarantees. The case could go against you. Your lawyer will use their discretion to tell you when a trial outcome is hard to predict. This is usually based on the strength of your evidence, your witness's testimony, and how you present yourself when you take the stand.
For example, key evidence may not be included by the judge, or eyewitnesses may be considered unreliable. Furthermore, during cross-examination, your testimony may be contradictory. It is even harder to determine what the jury will award you. In a settlement, you have more control over how much the defendant will pay out.
For more information, contact a local personal injury lawyer.