Anyone that has submitted a personal injury claim has the opportunity to consider the possibility of filing a personal injury lawsuit. The same individual must weigh the advantages and drawbacks that have been associated with each of the choices that are under consideration.
Advantages linked to the act of filing a personal injury lawsuit
The advantage that receives the most attention is the one that gets pointed to by friends and neighbors that feel it makes sense for the victim of an accident to file a lawsuit. That advantage relates to the size of the court-ordered award. The jury decides on the award’s size. Sometimes juries choose to give a plaintiff an especially large reward. That fact has encouraged many claimants to become plaintiffs.
If a lawsuit forces the scheduling of a trial, then the claimant-turned-plaintiff has one less worry. He or she does not get pressured to sign a release form, after receiving some form of compensation. Victims that sign such a release give up their rights to seek financial help with any of their injuries’ complications or other problems.
Drawbacks associated with filing a personal injury lawsuit
Claimants that negotiate for a settlement have some feeling, regarding how much money they might receive. Plaintiffs, those that have filed a lawsuit, do not enjoy such certainty. There is the chance that, following a trial, a jury might decide against awarding them any money.
Injury Lawyer in Mississauga knows that the claimants get their money fairly quickly, once a settlement has been reached. That is not the case with someone that has sued the responsible party. He or she has to spend time in a courtroom. Moreover, at the conclusion of the trial, the other party might decide to seek an appeal hearing.
Finally, a claimant’s payment to a lawyer is usually less than a plaintiff’s payment to an attorney. That is due to the increased percentage that becomes lawyers’ deserved earnings, if a client’s case goes to court. Lawyers that simply negotiate a settlement seek 33.3% of the compensation package. Lawyers that have devoted a large block of time to filing a lawsuit, and, when necessary, attending both the discovery session and the trial have reason to expect to good deal more. Each of them normally takes home 40% of whatever money gets awarded to the client.
Remember, too, that lawyers must be reimbursed for their costs and out-of-pocket expenses. The extent of such expenses increases greatly, if a case has advanced to the trial stage. In other words, lawyers take a larger amount of money from any award that was given to the winner of a court case. That is a fact that ought to be considered by anyone that wants to file a lawsuit.
