If you were injured by someone else’s negligence, such as in a car accident or slip and fall, you have the right to seek compensation for your damages. There are two main ways to obtain compensation for a personal injury. You can either settle with the liable insurance company or file a lawsuit.
Many personal injury cases are settled out of court because settling has advantages for both parties involved. We discuss these advantages below, along with some of the disadvantages of settling a case. Often the advantages outweigh the disadvantages, but each case needs to be assessed on its own.
Greg Monforton and Partners has been assisting injured victims in Windsor and throughout Ontario for decades. Our Windsor-based personal injury lawyers offer a free initial consultation and we do not get paid unless you are compensated for your damages.
Trusted Lawyers. Proven Results. Call us at: (866) 320-4770.
Pros of Settling an Injury Claim
There are many reasons why settling an injury claim is often preferable to going to court. Settling a claim often comes with significant advantages for victims.
You are More Likely to Recover Compensation
If a case goes to court, there is a chance you might not receive any compensation. If you settle the case, you know you will be getting some compensation. In a jury trial, the jury is going to decide how much compensation you get. If you settle, you will know how much compensation you are going to get before the case is concluded.
If you hire an experienced lawyer, you may be more likely to recover full compensation for your damages.
It Takes Less Time to Settle a Claim
Settling a case takes a lot less time than a court case. Sometimes cases are settled in a matter of months. However, if a case goes to court it could be years before the case is resolved and you receive compensation.
There are many steps involved in a court case. In fact, there are many steps before a trial can begin. There are fewer steps involved in settling.
Resolving a case as quickly as possible is important, as victims need compensation for their damages.
Less Stress
Going to court can be stressful for victims. They may feel a lot of anxiety about having to testify. Victims may also be stressed out about the possibility of not getting compensation.
It is important to note that an experienced lawyer is unlikely to file a lawsuit unless he or she thinks there is a good chance of success. That means it is highly unlikely that, if you are represented by an experienced lawyer, you will not get any compensation.
More Predictable Process
Court cases are not completely unpredictable, but it can be difficult to predict how long the case may take and whether the case will make it all the way to a jury verdict. Many times, the insurance company agrees to a settlement before a case is concluded.
On the other hand, settlement negotiations are often more predictable. You can contact a lawyer who can manage the process. He or she can keep you informed, and you can focus on your recovery.
Settlements are Less Costly Than Going to Court
It typically costs a lot less money to settle than to go to court. There are court costs, plus the case takes longer, which drives up costs. These costs can eat into the amount of compensation victims get after the legal process concludes.
Cons of Settling an Injury Claim
While settling an injury claim is often the best option, there are some potential downsides to settling compared to taking a case to court.
You Might be Able to Recover More Compensation in Court
When a case makes it to court and compensation is awarded to the victim, he or she might be more likely to receive more compensation than the insurance company would have awarded in a settlement. This is one of the reasons insurance companies often want to avoid going to court.
The Outcome of Your Claim is Being Decided by a Neutral Jury
Jurors do not have any financial stake in the outcome of the lawsuit. The insurance company is looking to protect its profits and pay out the least possible amount of compensation. Even if you have a strong case, the insurance company is going to look for some reason to underpay or even deny your claim.
You Do Not Get Your Day in Court
If a case goes to trial and the victim receives compensation, he or she may feel like justice was done. Settlements are private and victims may want people to know about their case and the result.
Contact Greg Monforton and Partners for Legal Help
Unsure of what to do after suffering a personal injury?
Greg Monforton and Partners is ready to assist you with every step of the legal process. We know how difficult it is to deal with the aftermath of a personal injury. We know how vital it is to secure compensation for damages.
Our services come with no upfront fees. That means there is no risk to you. Call us today to learn if you may have a case.
Greg Monforton and Partners offers a free consultation. Call (866) 320-4770.