Many personal injury cases are usually settled out of court, probably due to the numerous advantages that it offers to both parties over going to court. The services of an attorney are still necessary even if the case does not get to court. The attorney will help you with all the negotiations and ensure that you get a positive outcome. Some of the top benefits of out-of-court settlements are highlighted below.
Trials are usually very costly. The associated costs can be much more than you might realize. If your lawyer works on a contingency, the percentage will increase if the case has to go to trial. The increase is intended to cater to the additional costs associated with lawsuits, such as investigator fees, filing fees, administrative fees, and witness costs, among others. Settling out of court saves both parties from such expenses.
Going to trial can be very stressful, especially if you are dealing with an injury at the same time. The process might also take a long time, which means months or even years of you dealing with the stress of court. An out-of-court settlement helps you to avoid all such stresses if you can agree with the other party.
At trial, the verdict can be quite unpredictable. You will be at the mercy of the court, waiting for the jury to determine the damages that should be considered. The result can be either more or less than what you expect, but the unpredictability is always undesirable. Settling out of court becomes a great idea, especially if your case is not easy to predict to avoid unfortunate surprises.
You can keep all the information related to your case private if you opt to settle out of court. If you choose to go to trial and the judge awards you damages, the ruling will become a matter of public record.
Defender Can Fail to Admit Liability
Settling out of court does not necessarily bind the defendant to admit any wrongdoing. On the other hand, they become officially liable if the case goes to trial and the defendant loses. Having a public record related to wrongdoing or negligence may tarnish the reputation of the defendant, which is why a majority of them usually opt to settle out of court.