At times, a win in court can deliver to the plaintiff a huge award. Still, there are good reasons for choosing on occasion to settle a lawsuit outside of the courtroom.
An increased level of control
Both the defendant and the plaintiff have more control over what the final decision might be, if a case gets settled out-of-court. No one can tell what a jury’s decision will be.
A faster resolution
There may be delays in the processes that are part of a trial. Moreover, even after the judge announces the ruling, the compensation promised to the plaintiff may not get delivered for 1 to 2 years. Remember, too, that once the judge and jury make a ruling either side has the chance to appeal that same ruling. Naturally, it takes much longer to resolve a case, when one of the parties has filed for an appeal.
Chance to use a less expensive process
• Plaintiff freed from paying the costs that are associated with a deposition.
• Plaintiff does not need to hire any experts.
• No need to spend money on traveling to the scene of the trial.
• No need for plaintiff to request time off from work.
Added obligation on plaintiff
During negotiations, the plaintiff can have the Accident Lawyer in Cambridge do most of the work. Yet during a trial, the plaintiff might be asked to step into the witness stand. Not every plaintiff performs well as a witness. A poor performance can affect the size of the plaintiff’s award.
No infringement on plaintiff’s privacy
Every statement made while a trial is underway gets entered into the public record. A lawyer has the right to ask many probing questions. A plaintiff’s answer to such questions gets recorded. Moreover, all those in the courtroom hear the plaintiff’s answer.
Once you have been involved in a trial, you lose a bit of your privacy. Any statement that you make in the courtroom gets recorded by the stenographer. Moreover, that same statement reaches the ears of everyone in the courtroom.
Plaintiff retains ability to dwell on emotional issues.
During negotiations, a plaintiff’s argument can be strengthened through mention of an emotional issue. In contrast to that opportunity, the court forbids consideration of issues that touch on the plaintiff’s emotions. That fact underscores yet another reason for settling a lawsuit out-of-court.
Still, all of those reasons assume that the plaintiff has a basic understanding of the processes that are part of a personal injury lawsuit. In the absence of such an understanding, a plaintiff/claimant might make an unintentional mistake, while negotiating with the insurance company. Perhaps that is one reason that insurance companies like to settle a personal injury case before a trial has been scheduled.