Why You Shouldn’t Fear a Trial When Considering Suing for Injuries

When meeting with new clients, lawyers are often asked about what to expect in the future. Of utmost concern, injured persons want to know what the likelihood is that they will have to go to trial to receive compensation.

The prospect of a trial can be terrifying to most people. Trials are perceived to be dramatic events played out in public, where plaintiffs are raked over the coals by aggressive opposing counsel whose masterful cross-examination leaves the witness completely demoralized and discredited, resulting in a catastrophic judgment. Many believe that, when they decide to file a lawsuit, it is inevitable that a trial with disastrous results will happen. Not true!

When it comes to injury lawsuits, trials are exceptionally rare. In fact, over 98% of cases settle before ever going to trial. At Preszler Injury Lawyers, our Toronto personal injury lawyers work hard to negotiate on behalf of our clients to achieve a fair settlement out of court, when possible.

What Are the Advantages to Settling Your Personal Injury Lawsuit?

Both sides face risks at a trial, and the best way to avoid those risks is to come to a mutual resolution of the claim. This is also referred to as a settlement. Trial places the outcome into the hands of a judge or a jury, which means that the final decision is left to others who don’t have a vested interest in the outcome. Through an agreed settlement, there is certainty for both of the parties.

On settlement, a type of contract is entered into that sets out the terms upon which the parties have resolved the dispute. The settlement can be protected by confidentiality, as agreed by the parties. If a trial occurs, confidentiality is generally lost, as court processes are usually open to the public and sometimes even attract media interest if the facts are sensational enough.

Trials are also costly. Sometimes after a judgment, one party or another (or both) may be awarded costs penalties that may be borne by the parties. Settlement can put a stop to ongoing expenses associated with litigation, thereby containing costs as a result.

Litigation is stressful, and trials are particularly stressful. Settlement brings finality to the matter and, thereby, removes that stress and allows parties to move on with greater certainty.

When Should You Decide to Settle Your Personal Injury Claim?

Most cases settle long before a trial date. The process can be initiated by either side anywhere within the life of the claim. Sometimes, the case can even be settled before the lawsuit is started. Therefore, counsel usually turns their attention to potential opportunities for settlement throughout the life of the case.

The timing of when settlement negotiations should be entertained is based on several considerations that your lawyer can guide you through, such as:

• The state of your recovery from your injuries
• The amount of available information on the file to assess the case
• Liability for the injury
• Whether the injury should have been avoidable or lessened with greater care by either party
• And more

These are the sorts of things that an experienced injury lawyer can help you navigate. The timing of settlement is a strategic consideration in the handling of your case.

How to Reach a Settlement

There are multiple ways the settlement negotiation process may proceed.

If the litigation hasn’t been started (a lawsuit hasn’t been filed), your lawyer can negotiate with the representatives of the other side directly, such as insurance company adjusters or the lawyers for the defence if they have been assigned the case.

After the lawsuit has been filed, customarily, your lawyer will be dealing with the opposing counsel in negotiations.

It is your lawyer’s obligation to keep you informed of any offers being exchanged and to give you guidance on how to respond. Your instructions are necessary for your lawyer to take any steps at any point in the process. Similarly, opposing counsel must obtain instructions from their clients on any offers.

The Value of Mediation in Personal Injury Settlements

Sometimes, direct dealings between counsel and the parties can be assisted by a neutral third party. This process is called mediation. Experienced counsel can engage the assistance of someone who has expertise in aiding both sides through the mediation process and facilitate more productive settlement discussions in a face-to-face process (in person or virtually).

To be clear, the decision to retain a mediator should not be viewed as a sign of ineffective counsel work by your lawyer. Quite the opposite. Often, the involvement of a neutral third party can provide additional perspectives to the case, and mediators help identify interests, prioritize matters in the case, and offer alternative solutions where there might otherwise have remained an impasse between the sides.

The primary benefit of this process is that it injects a human or personal aspect into the negotiation process that may not otherwise have impacted the decision-makers, especially for insurers or their counsel. Often, assessments of claims are made based on reports and investigations that don’t capture the “people” component that can be considered when face-to-face in a mediation forum.

What Happens if You Go to Trial?

There are still 2% of cases that don’t settle. Those rare instances where cases don’t settle and go to trial do happen. Cases sometimes need to be decided in the courts due to exceptional circumstances where the facts aren’t clear-cut, the law could go one way or another, or the parties simply can’t agree.

Having legal counsel in your corner who are experienced trial lawyers is very powerful in the negotiation process. Their willingness to go the distance, should it be required, will help deter the other side from using the prospect of an impending trial as a threat to try and settle for an unjustly low number. At Preszler Injury Lawyers, our personal injury lawyers have decades of combined experience advocating for our clients’ interests in trial, meaning you can proceed with your case confidently, even if a trial does happen.

Studies show that injured parties who have legal representation usually receive significantly greater compensation than those who handle their own claims.

Don’t Hestitate to File a Personal Injury Lawsuit

It’s in your best interests to obtain experienced legal representation to assist you in your injury claim. Don’t let fear of trial prevent you from taking this important step. While they are extremely rare, and it is likely you will settle before ever going to court, with an experienced lawyer on your side, a trial can end successfully, too.

At Preszler Injury Lawyers, we have an exceptional legal team to handle your personal injury claim and help you get exceptional results. To find out if you may be eligible to file an injury lawsuit, and to learn what the legal process might look like for you, contact us today.

You can reach us online or call 1-888-608-2111 24/7. We serve clients across Ontario and Canada.

We’re here to help.