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Reasons For Settling Outweigh Those Favoring Litigation October 14, 2022

Some claimants refuse to settle with the insurance company. Their visions of a chance to win a huge amount of money keep them from agreeing to a settlement. Do they make a logical decision?

Injury lawyer in Red Deer knows that the benefits enjoyed by claimants that have embraced chance at litigation is the opportunity to seek more money than what would be included in a payoff, following a settlement.

The right to appeal a decision; some see that as a way to go after more money.

Benefits enjoyed by claimants that agree to settle with the insurance company, following negotiations

No need to spend many hours in the courtroom. No need to devote a large block of the available time to working on ways for obtaining a large payoff. Use a modest amount of time to participate in negotiations.

Delivery of promised money comes soon after settlement. True, the claimant must sign a release, before that delivery takes place. Still, the handover of money takes much longer when the plaintiff must wait for funds from a court ordered judgment.

Negotiations take place in situation that keeps all shared information from reaching the eyes and ears of the public. A member of the press could repeat any word uttered in a courtroom. Sometimes the experience of answering a lawyer’s questions can feel like the creation of a situation in which the public gets to see your dirty laundry.

The ability to enjoy a less stressful life: The litigation process includes depositions. Both plaintiffs and defendants get deposed, and must answer the lawyers’ questions. Later, either of them might also need to testify during the trial.

Eliminates need for plaintiff to cover the additional expenses:

—The deposition introduces the need for paying a stenographer.
—The jurors and expert witnesses must be paid during a trial.

—The percent of money taken from the winnings by the attorney increases, if that same attorney must present a case in the courtroom.

—Depending on the trial’s location, travel to that spot could create an added expense; the necessity of parking at the courthouse would also add to the expenses.

What does logic suggest, with respect to the best way for resolving a dispute?

Mediation could be used, if the 2 disputing sides had failed to reach a settlement. That offers most of the benefits that come with settling. Indeed, it does not force the claimant to sign a release.

Moreover, it is hard to put a monetary value on things like freedom from stress and the enjoyment of privacy. Their value could seem to increase when one must spends hours in the courtroom, simply making an effort to win a large amount of money, an amount that is not guaranteed.