After you have filed a personal injury claim, your case can head one of two ways:
Should your case end up in court for any reason, then you will effectively put your fate into the hands of the judge and jury. Your evidence will be presented in the court room and your side of the story will be heard out, as will the evidence and story of the defendant. Once everything has been put out there, the law will be used to assess fault and determine how much you are owed in terms of compensation.
This should not be your preferred option. Taking a case to the court room requires a lot of time, more work, and even more money. Not to mention that there is no guarantee that this will end with a decision made in your favor. Statistics actually show that court settlements are likely to be lower than settlements reached pre-trial through means of mediation and negotiation.
You should be aiming for a pre-trial settlement which is achieved when all involved parties negotiate a solution that is agreeable for everyone involved. This matter of settlement is low risk, low cost, and involved less time investment. Additionally, all parties are free to make an offer at any point in time, and the other side is free to accept or re-negotiate said offer in response. There are no upper or lower limits set by outside parties for the settlement amount.
The Downsides of Court Settlements:
As previously mentioned, court settlements are time consuming, cost a lot of money, and require a lot of work while still giving no guarantee to the plaintiff in terms of a favorable outcome. Furthermore, even if the court decided in their favor, the defendant will be free to appeal this outcome and drag the case out even further. As a result, it can take years before the plaintiff is compensated for their losses. Despite having a Personal Injury Lawyer in Corner Brook represent your rights, it becomes time-consuming when the trial is held. It does not benefit the plaintiff as the compensation claim can take a long time to settle.
It should also be noted that every word spoken in the court room will end up on public record, which means that the plaintiff’s privacy is likely to be invaded by the defense attorney’s questions and prodding. The plaintiff’s coping with the injuries will likely be openly doubted and scrutinized which can take an emotional toll on the plaintiff. It can also be distressing to realize that emotional distress will not be compensated for since the court will only address legal issues surrounding the circumstances of the incident.