Following an accident which left you injured, you may be in a position in which you can file a personal injury claim in order to recover damages from the person responsible for causing the accident. Once the claims process has been put in motion, there are two major ways in which you can settle your claim:
• Taking your case to court means getting a judge or jury involved who will then look to the law to establish who will be held liable for the accident. The law will then also determine how high the damages should be which will be awarded to you.
The process of taking your case to trial is referred to as litigation and comes with a huge package of expenses, time consumption, and work. In addition to that, there will also be zero guarantee that the case will be settled in your favor, which makes it the less preferable option for most claimants and lawyers.
• Arguably the much better option is a pre-trial settlement. This means reaching a mutual agreement between all involved parties through negotiations alone. Mediation can be a great way of achieving this, and is also cheaper, less time consuming, and easier than involving a judge or jury.
Additionally, it also involves less risks since all involved parties will need to agree that the solution, they found is fair. Throughout the negotiation process, all parties are free to make and accept or refuse offers at any point in time. The amount offered is also free of restrictions and can thus be as high or low as they deem fit since the other party is free to accept or deny.
Pros And Cons of An Out of Court Settlement
While an out of court settlement is usually the quicker and saver route to take, the ultimate settlement amount may be lower than if the case had been taken to court by the personal injury lawyer in Waterloo. However, once you have taken your case to court, nothing is guaranteed. The judge or jury may deem you partially liable, or they may completely dismiss your emotional distress since they are fully determining your damages by law.
It should also be noted that taking a case to court can mean that you will receive no compensation until years further down the line. Even if your court hearing is right around the corner, the defendant will have the right to appeal the court’s decision which can push back the settlement for months. This will only extend the financial crisis for the plaintiff as the settlement will not be reached quickly. It might help to have the injury lawyer represent your case.
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