Is it Wise that My Personal Injury Lawyer Wants to Settle?
There are more and more lawsuits these days that people are settling before the case even makes it to court. While it may be the right thing to do in some situations, lots of clients question whether or not it is the right move to make.
Clients can benefit from several advantages when they opt to settle their case before it goes to trial. This is precisely why many lawyers make the suggestion of settling some cases out of court. A personal injury attorney will often suggest a settlement.
It is impossible to predict the decision that a jury is going to make, and there’s certainly no way to guarantee the client’s case will be won. Being able to avoid the unpredictable decisions of a jury is perhaps one of the biggest advantages of agreeing to a settlement.
The outcome of a case is determined primarily by the judge and jury that heard the case. Part of what makes the decision of a jury so uncertain is aside from the evidence; the experiences of each juror frequently also play a large part in their decision.
Many juries feel there are way too many lawsuits today, which often means it is much harder for people to prove their cases before being awarded any money. This means that even people having strong cases face the possibility of getting absolutely nothing at their trial.
Client’s Burden is Reduced
The client’s burden of having to appear in court for mediation, depositions, and the trial itself is reduced, depending on when the settlement happens. This is an advantage that saves time, and it minimizes the need of clients’ having to relive the situation that caused their suit to begin with.
Some people find it is very difficult when they have to speak about details of the event, and it can be very emotionally challenging. Settling the lawsuit before it goes to trial means clients do not have to worry about being put on the stand or testifying.
Certainty of Collecting Judgments
It is one thing to collect a case settlement, but raising money for a trial judgment is entirely different. It can be tough to collect a judgment from doctors, lawyers, orthodontists, or other individual professional or owner of a small business. In many situations, people will hide assets and declare bankruptcy to dodge having to pay a trial judgment.
Decreased Lawyer Costs and Fees
Lower attorney’s costs and fees is another big advantage of settling on a case out of court. When a case goes to trial lawyers commonly charge fees that are higher than those that are resolved out of court. There are also other costs that increase when cases go to trial.
In some situations, it is a requirement of the law for expert witnesses to be retained so they can testify, and this frequently involves expensive hourly fees. There are also many other costs that can be easily avoided when a case is settled. A few of these include copying charges, filing fees, travel expenses, and lodging.
When a fair and reasonable amount is offered, lawyers often suggest their clients settle the case before it goes to trial. Often they do so simply because they are able to benefit from so many advantages. The possibility that there could be a larger award is a big factor that a client must consider before settling on a case. Fees and costs of a trial can cause a no sum gain, even if you win.