Statistics indicate that out of every 20 personal injury claims filed at the appropriate court, no more than 1 of those cases proceeds to the point where a trial takes place.
Why do so few claimants pursue their case to the trial stage?
After a claim has been filed, it can take 2 years of more for a trial to get scheduled. If negotiations fail to resolve a dispute, that failure does not guarantee the holding of a trial. Following the initiation of a personal injury lawsuit, there might be a settlement during any phase of the litigation process. Indeed, at least one half of the cases that commence that process lead to announcement of a settlement.
By the same token, a lawyer understands that a client accepts a certain amount of added risk, when a case goes to trial. There is no guarantee that the plaintiff will win. Statistics show that only 10% of claimants win their desired compensation, following a lawyer’s presentation of their case in a courtroom.
Why should any claimant even bother with a trial, when the chances for winning are so small?
The legal system has allowed trials and the steps that are part of the litigation process to serve as vehicles for continued pursuit of a settlement. A break-off of negotiations does not put an end to the possibility that the 2 sides might eventually decide to settle. The Personal Injury Lawyer in Mississauga know that multiple steps in a lawsuit provide both parties with several opportunities for reaching a pre-trial agreement.
Sometimes evidence presented during the discovery phase triggers a move to settle. Sometimes the 2 parties reach an agreement during a mediation session. At other times, the trial’s imminent commencement can push one or both parties to arrive at a settlement.
Moreover, the legal system allows opposing parties to reach a settlement during the course of a trial. Even the judge agrees to step-aside, if the disputing parties express a desire to settle, while both of them are in the judge’s chambers. That fact highlights the extent to which the legal system encourages the settling of a dispute, without an imposed solution.
On the other hand, the legal system recognizes the fact that not every case has a cut-and-dry solution. Not every case enjoys the absence of complicating factors. The existence of such factors can create obstacles, as 2 sides seek to negotiate an agreement.
Sometimes an expert’s testimony can help to clarify a complex issue. If made during a trial, such a testimony might cause the opposing sides to feel motivated to settle. That possibility underscores one of the reasons that both a plaintiff and defendant benefit from utilization of the elements that become part of many trials.
