The question in the title could be re-phrased, so that it would read like this: What fraction of such cases get settled out of court? An examination of that specific figure would show that only a small percentage of personal injury cases go to trial.
What Factors Increase the Chances for a Trial?
When a personal injury lawyer in St. Albert realizes that a personal injury case demands consideration of complex issues, then that same attorney has good reason to think that it will have to be resolved in a court of law. In other words, a case’s complexity usually determines the likelihood that it will get settled out-of-court.
A pre-trial settlement also becomes likely, if the available information clearly points to one person as the party-at-fault. On the other hand, when the identity of the at-fault party has not been clearly established, then chances for a pre-trial settlement diminish to a marked degree.
Sound Reasons for Agreeing to a Settlement
Attainment of such an agreement speeds the rate at which the case can come to a conclusion. The approach of that same conclusion shortens the time that the plaintiff will have to wait, until his or her life has returned to normal. By the same token, the money that the wronged client deserves should be offered that much sooner.
A personal injury lawyer can proceed as though a trial will be needed, in order to resolve all of the case’s issues. So, even if that same attorney does not have to represent a given client in court, the injured client still stands in need of legal guidance. According to the legal system, a lawyer that is representing an injured client gets provided a fixed amount of time. During that particular time span, the client’s lawyer can develop a strong case, one that promises to improve the chances for the awarding of a good settlement.
When is it wrong to settle out-of-court?
You should never settle when you have been offered an amount that you recognize as one that is unfair. Your ability to recognize that fact hinges on the attorney’s guidance. Do not settle if your lawyer has failed to provide you with evidence that you could be receiving a markedly lower amount, by going to trial. Generally, plaintiffs tend to get awarded a bigger compensation, after taking a case to a courtroom judge. Yet no client can be guaranteed that the in-court award will exceed the one awarded out-of-court. An expert’s high fee might eliminate a client’s chances for getting that decidedly larger payment.
If you refused to settle, how soon you are sitting in the plaintiff’s chair in a court-of-law?
You will not be able to bypass any procedure called for by the legal system. That includes the mediator phase. During the mediator phase, you and your lawyer will need to work with the mediator, in hopes of arriving at a figure that both sides can accept as a fair compensation.