Personal injury claims are filed on a constant basis, but only a few of them ever make it to see a court of law or are placed in front of a jury of impartial peers. These claims are settled out of court for a variety of reasons, as litigators and plaintiffs both seek the most rapid and advantageous settlement possible. Let’s take a closer look at the advantages of settling a case out of court.
Fighting a personal injury case until the very bitter end can often result in a larger settlement, but when it also results in larger legal fees, all of the additional monies are already spent before the check has even been written.
When a personal injury attorney is hired, they are typically working for free, while an agreement is put into place that guarantees their payment once the legal proceedings have concluded. A plaintiff pays their legal representative a percentage of their winnings and in many instances, an hourly fee is also included.
By settling a case out of court, this significantly reduces the amount that the plaintiff pays to the attorney.
Trials Are Unpredictable
Not only are trials are an incredibly stressful experience, but they are also very unpredictable. A judge may decide to exclude key pieces of evidence, a crucial eyewitness could bow out and show themselves to be unreliable, the plaintiff’s testimony might have certain inconsistencies, there are any number of things that could happen.
Predicting the actions of a jury is also incredibly difficult. By settling out of court, the victim of a personal injury is no longer subject to the whims of a jury and is able to exercise far more control over the outcome of their case.
The Trial Process Is Time Consuming
Trials do not commence very quickly and they do not start until at least one year has passed since the claim’s initial filing, in most instances. Even if the victim wins their case when it goes to trial, the opposing side can simply choose to file an appeal and tie up the settlement in legal red tape.
The entire process can take as many as four years and it can be tough for the plaintiff to make ends meet during the meantime, especially if their injuries are serious and require a long term rehabilitation. Settling the case out of court allows each party to put the case behind them and settlements are also kept private, as opposed to trials, which are public.
Taking a personal injury case all the way to trial can often cause more stress and lead to additional costs that are not conducive to the lifestyle of the plaintiff. These claims often settle out of court, which saves valuable time and money for all parties involved.
The personal injury law which is also known as the tort law usually allows injured plaintiff to get compensated when they are intentionally or negligently brought to harm. There many situations that can lead to personal injury cases, but usually not every situation in which a person is injured leads to liability. Let us carefully consider most of the common types of personal injury cases.
Car accident cases: this is by far the most reported personal injury inthe United States. Accidents happen usually because someone does not follow the rules of the road or not driving as carefully as he/she should be. Usually, careless driver can be held responsible for the inflicted injury which occurs through the car accident. Exception that exists is in no fault states where drivers will receive money from their insurers except in a case of serious injuries. If you need help for this cases, you can contact fort worth truck accident lawyers.
Medical malpractice: this usually arises when the healthcare professional or the doctors to provide a reasonable and competent skilled cared which leads to a patient injury. The medical malpractice case happens to be one of the most common complex types.
Slip and fall cases: this is yet another common type of personal injury cases. The property owners or those who are renting the property have a duty to keep their premises free from hazard and reasonably safe such that people who are using the property will not get injured. Normally not every injury which occurs on the said property can lead to liability because the nature of the property owner legal duty varies, depending on the situation on ground and with respect to the law in the location where the injury was inflicted. Slip and fall cases are usually decided by the law of the premises where it occurred.
Defamation: Defamation of character which occurs in the form of libel and slander means someone suffers an injury to his/her reputation. The plaintiff’s defamation prove will depend on who the plaintiff is and sometimes the forum where he/she made the statement. On average, one just needs to prove that a false negative statement was made and harm or financial loss came from it. But on the other hand, public figures and celebrities often need to prove the actual malice. They need to prove that the false statement was, made either recklessly disregarding the truth of the matter or intentionally.
Dog bites: Usually the owner of the dog will be responsible for bites or any other injuries inflicted by the dog. The law on the responsibility of the dog owner varies from one state to another. Some cases usually adhere to strict liability rules where the dog owner will be responsible for every single bite or damage regardless of whether the dog as shown some public propensity or aggression of biting in the past.
The team at Diamond and Diamond welcomes our newest #lawyer, Scott Tottle!Scott has dedicated his practice to representing claimants in motor vehicle accidents, #PersonalInjury, disability and other #InsuranceClaims for over 20 years. Read more here: diamondlaw.ca/team/scott-tottleWelcome aboard!