Consider the alternative to a settlement. Acceptance of such an alternative could give rise to the need to spend many hours in a courtroom, while dealing with the uncertainty that would accompany doubts about the jury’s decision.
The uncertainty that has become associated with the litigation process starts during the discovery session.
The exchange of evidentiary material could cause new evidence to come to light. Introduction of that new evidence might strengthen the argument of the opposing party. Obviously, that would reduce the chances that the jury might have a favorable verdict.
The plaintiff might become shaken during the deposition. That could result in utterance of an unhelpful remark. Alternately, the plaintiff’s non-verbal messages might displease the questioning attorney. That, too, could lead to a result that did not copy the one that had been anticipated.
Possible sources of uncertainty during the trial
Personal Injury Lawyer in St John’s know that a witness might fail to show up or a judge might rule that a certain piece of evidence is inadmissible.
Some revealed fact might pull at the jurors’ heartstrings. Judges always tell members of the jury to focus on only the facts of the case and the law. Still, certain factors are known to influence any jury’s decision.
How added expenses could exacerbate the problems associated with the various uncertainties?
Discovery of need for expert witnesses: Most experts expect to get paid for their testimony. The charge for preparation of certain documents: That might include the cost for having an expertly written letter, one that a plaintiff or defendant would be able to show the judge.
It could take time for the plaintiff in a personal injury case to recover from a large investment of money. Even if the jury were to rule in favor of the plaintiff, the defendant could seek the opportunity to appeal the jury’s decision. Execution of the appeal process would add to the time that must pass, before delivery of any court ordered award.
One other drawback to allowing case to advance to litigation stage
During negotiations for settlement, the claimant does not have to sacrifice his or her privacy. Yet the situation changes, when the disputing parties take their arguments into a courtroom setting.
There, a lawyer has broad latitude, concerning the questions that might be posed to any witness. The witness must answer truthfully, as promised by the oath. Still, a truthful answer might include details about a secretive/private incident.
Realize that a courtroom full of people is able to hear the witness’ answer. That fact should underscore the huge benefit to settling. It ensures the claimant of a chance to maintain his or her treasured privacy. Not everyone following the trial could be counted on to respect that privacy.