\Interestingly, most personal injury claims are settled before undergoing a trial. In fact, out-of-court settlements have a number of advantages in comparison to a lawsuit. Nevertheless, in either case, you may be required to seek legal assistance from an accident attorney in Baton Rouge to get what you actually deserve as compensation.
Here are 6 reasons why it's good to settle a claim outside of court:
1. Settlements Less Expensive: Let's consider the example of a car accident. What happens is the sufferer (or the plaintiff) usually agrees to a contingency fee arrangement with their car accident attorney. The most common arrangement allows the lawyer to get 33% of the pre-trial settlement and 40% of the amount received after the start of the trial process.
On the other hand, the party against which the claim is initiated (or the defendant) will need to appoint an accident attorney in Baton Rouge and pay them on an hourly basis. Consequently, a supposedly lengthy trial process can bring in a lot of additional expenses to the defendant, which is not the case with out-of-court settlements. This proves that the earlier a claim is settled, the cheaper it will be for either party in question.
2. Trials Likely To Be Stressful: In general, personal litigation doesn't last longer than a few days. However, the whole process can cause a lot of stress to both the plaintiff and the defendant. Both might have to stand in the witness box for examination and cross-examination. Additionally, the trial phase can be very arduous for both the parties as well as their respective accident attorney in Baton Rouge.
On the contrary, in a typical outside-of-court settlement, it all begins with negotiation and the defendant pays some amount as compensation to the complainant in the end.
3. Damages and Liability Tough To Predict in Trial: Your injury, car, or motorcycle accident attorney might put their best effort to get the ruling in your favor. Eventually, they may also let you receive a much higher amount in the form of damages than what was initially offered to you by the defending party. However, amid all the possibilities, the bitter truth is there is no guarantee whether the plaintiff would even receive anything or not.
Litigations can be sorely unpredictable. The jury might avoid key evidence, eyewitnesses might be considered untrustworthy, and lack of consistency in the testimony of the plaintiff can work against you during the trial. Plus, what the jury offer eventually is even more unpredictable as it totally relies on their discretion.
4. Trials Likely To Be Extremely Lengthy:
5. Settlements Private: Unless the judge orders to keep the records sealed (which is quite rare in a personal injury claim), all the trial records are made public. This means that whatever either side uses to make the opponent appear as bad as possible – including all the evidence and witnesses' testimony – is available for public reading.
However, when the two parties involved in a case decide to settle the matter outside of court, it is totally their call to decide what to keep private or public, including the compensation amount. If your case involves an auto accident, it is suggested to hire a car accident attorney in Baton Rouge considering the complex nature of such claims.
6. Defendant Not Required To Admit Liability: Unlike out-of-court settlements, a defendant is officially deemed liable for their negligence or wrongdoing if they lose the trial initiated against them. On the other hand, if both the plaintiff and the defendant settle the matter outside of court, the latter doesn't require admitting their liability. This is, in particular, beneficial to the defending party who would not like to have a public record of their carelessness or deliberate delinquency.
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