Most car accident cases are settled out of
court, and with good reason. Settling out of court offers numerous
advantages as compared to actually going to trial although it depends on
several factors surrounding the case. This includes factors such as available
evidence, who was at fault in the accident, the severity of the crash, and other
related issues that accident lawyers are well familiar with.
Trials
are Expensive
In a car accident lawsuit, the injured
person will have to pay a contingency fee to his/her car accident lawyer. In
the usual course, the attorney stands to gain 33% pre-trial settlement if any,
and 40% of the amount received after the trial. In addition, a defendant also
hires a legal pro and pays an hourly rate. In addition, such trials can take a
lot of time to settle. This can work out to be very expensive as compared to settling
a car accident claim and avoiding a trial outright.
For the most part, paying car accident
lawyers isn’t the sole expense in a trial. Court costs, paying expert
witnesses, lost time from work, and travel can all lead to a significant increase
in money burned.
In fact the earlier a lawsuit settles,
the less costly is the whole legal process to both parties, especially for the
defendant who pays an hourly rate. Then again, the process of pre-trial
discovery can entail extended depositions such as depositions of the experts.
If the defendant’s
liability and the plaintiff’s damages in a car accident are clear
from the beginning, both the parties stand to benefit from a settlement.
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Trials
are Stressful
The litigation process can be very
stressful for all involved. Both parties may need to undergo examination as
well as cross-examination from the witness stand where their character may
often be called into question, publicly. This is not really appealing, just go
as OJ Simpson about that. Even when he was exonerated in his murder trial, his
character and reputation were in the gutter and they never rebounded.
A jury can grant the injured person much
higher in damages than the amount the defendant offers to settle the lawsuit,
although there is no guarantee that this will happen, as trials are undoubtedly
unpredictable. However, there is always the possibility that the judge might
exclude key evidence, eyewitnesses may turn out to be unreliable, and there
might be inconsistencies in the testimony of the plaintiff.
By settling the case out of court, the
concerned parties have negotiated control on the amount the defendant should
pay out. Besides, the accident trial as well as the appeals process
might take years to settle.
Trials
are Public
In a car accident case, every detail of
your trial becomes a matter of public record. For example, witnesses’
testimonies and every bit of evidence are available for perusal – by people you
know and some people you do not know. By settling the case out of court, what
is said between the parties remains private, including the amount settled. It
will never come out and that is a huge advantage to many people for obvious
reasons.
Settling
Means No need to Admit Liability
In the event a defendant loses at trial
in addition to any subsequent appeals, it becomes a proven fact that he/she is
actually liable for the injuries sustained by the plaintiff. On the contrary,
when both parties decide to settle, it is not necessary for the defendant to
admit any kind of liability. This can benefit the defendant who otherwise will
have a public record of intentional wrongdoing and negligence. This could impact
their ability to obtain an entry level position or even a management one.
http://accident.usattorneys.com/ -
if you need an accident lawyer, this is where you should head to.
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