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Why Should You Choose To Settle A Case? March 11, 2019

A resident of Alberta that has been injured in an accident might dream of winning a big award at the conclusion of a trial. But how close is such a dream to reality. Is there a chance that the same person might decide to settle the case before going to court? The problems that can come into the picture, if a case moves on to the litigation stage:

• All of those involved must contribute an added amount of time, effort and money.
• There is no guarantee, regarding what the reward (if any) will be. The judge and jury decide on who should be held liable, and what the size of the award (if any) should be.
• The person that has lost the case has the right to appeal the decision.
• Once the appeal process begins, a plaintiff might need to wait a long time, in order to receive the anticipated award.

Advantages to settling a case:

• Both sides agree on the size of the award.
• It takes less time than pursuing the litigation process.
• The plaintiff does not have to undergo any public scrutiny. He or she does not have to answer any questions from a defense injury lawyer, while sitting in a courtroom.
• At the time of a settlement, emotional issues can be factored into the agreed-upon award. Although emotions might influence the feelings and opinions of either party, emotional issues have no place in the courtroom.

When does a settlement get reached?

There is no set time for arriving at a settlement. It could be made before, during or after negotiations. It could also be made during a period of mediation or even during the course of a trial. The legal process favors the resolution of a dispute by means of a settlement. If a dispute arises within a family, the legal authorities hope that it can be resolved within the family, rather than through pursuit of the process that two strangers might use for arriving at a suitable means for the delivery of justice.

If 2 parties quibble about a small amount of money, and the dispute cannot be resolved with a settlement, the case will be heard in a small claims court. Then the judge has the final decision, because no jury is present.

Personal injury lawyers in Red Deer advise their clients against settling too early with an insurance company. Policy holders need to wait until the span of their recovery has shown whether or not all the symptoms of any injury have been noted by the examining physician.

Understand that once two sides have settled a case, it cannot be reopened and renegotiated, even after the discovery of new findings. That rule applies to any case, unless known facts were previously hidden from the plaintiff.