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Settling Your Personal Injury Case Out of Court January 3, 2018

It’s well-documented that over 90% of all personal injury cases in Alberta Province never end up in courtroom. The following is a list of the primary advantages for you and your injury lawyer in St. Albert of settling a personal injury claim out of court.

The appeals process as well as the original trial might drag on for years – it could be a year before your personal injury case goes to trial and even if you win, the other party (defendant) could delay paying the settlement by appealing the case. Even in less complex cases, the entire process could take 3 to 4 years. However, it is important that you don’t miss out on the Statute Of Limitations, as pertaining to your claim.

Damage and liability amounts are uncertain – although the plaintiff might be awarded more compensation for damages by a jury, there are no guarantees. The bottom line is that a trial is unpredictable and the amount of damages awarded is uncertain. That is why it is important to consider the role of a personal injury lawyer.

Even if the defendant loses, they are not required to admit liability – most plaintiffs in a personal injury lawsuit feel morally bound to proving that the defendant was guilty and liable for their injuries. However, if the defendant is not required to admit that they were liable for the accident, it’s more of a benefit for the defendant.

Settlements afford both parties control and privacy – conversely, there is nothing private about a judge and jury trial. Unless the judge orders the trial records to be sealed – which rarely if ever happen – every detail is a matter of public record. On the other hand, an out-of-court settlement ensures that both parties are in control of what is private and what is public. However, having a good lawyer with you will help you get a better deal.

Trials can be very stressful – the average personal injury lawsuit will only last a few days. However, the legal process can be very stressful, especially for the injured party or plaintiff. The plaintiff and the defendant will have to endure numerous examinations and cross-examinations. Plus their character may be subject to public criticism.

Unlike settling out of court, a trial can be extremely expensive – even though the injured party or plaintiff will be represented by an injury lawyer in St. Albert and his or her support team, there is contingency fee arrangement in place. Basically, this means that you won’t have to pay your lawyer, if you don’t win your case. However, it is best to discuss such details with your lawyer before he or she takes up your case.