What Are Benefits And Drawbacks To Out of Court Settlement?

A legal dispute can be resolved in a courtroom, or by means of negotiations. Most claimants elect to negotiate, and then accept the terms of a settlement. That approach offers certain benefits, but has also been associated with certain drawbacks.

Factors influencing chosen means for conflict resolution

• Preferences of involved parties
• Specifics of unresolved case

Benefits linked to out of court settlement

The involved parties experience a reduced amount of stress. Personal Injury Lawyers in Cambridge handle all the paperwork, and carry out the needed communications. It costs less money, if a claimant chooses to dispense with a trial. During negotiations, no one has to pay a judge or a court recorder. Moreover, when claimants must spend time in a courtroom, then that deprives them of the chance to earn another day’s pay.

The claimant/plaintiff enjoys a more predictable result, after agreeing to seek a settlement, instead of a court-awarded judgment. No one can tell how a jury might rule on a given case. Claimants manage to maintain their privacy, when negotiations and a settlement have become any claimant’s chosen method for obtaining a fair compensation for accident-caused injuries. Any private information that might be discussed during negotiations manages to stay private. A settlement’s final outcome is seldom appealed.

Drawbacks associated with an out of court settlement

One of the disputing parties might be quite unhappy with settlement’s terms. If either plaintiff or defendant had hoped to challenge a certain legal issue, a decision to go after a settlement would snuff out that same hope. A claimant that did not have a lawyer would need to be a great negotiator.

Advantages to proceeding with a trial

There is a chance that the jury might award the plaintiff a large verdict. It provides both parties with chance to present their view on a given issue.

Problems invited by the decision to pursue a lawsuit, and potential trial

The claimant’s/plaintiff’s payment is delayed because so many steps have to be completed during the litigation process. Moreover, both parties have the chance to appeal the judge or jury’s decision. That is a risky decision.

Although a jury might rule that the plaintiff should receive a large reward, the jury’s decision might be one that favors the defendant. In fact, a jury might decide that a plaintiff contributed to creation of his or her own injury. In that case, the plaintiff might get deprived of any form of compensation.

Some adults are uncomfortable with the idea of taking part in a legal confrontation. Some of them have failed to perceive a lawsuit as a legally justified attempt to win money to which one has a legal right.

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