Even though the majority of personal injury claims in the province of Ontario derive from a car accident, the truth is that a wide range of said accidents are rather harmless. This is mainly because they occur in the city where there are clear signs and the conditions do not allow speeding or reckless behavior. Of course, this is not always true and there are a lot of cases which end up with horrible consequences.
Regardless of the damages, the truth is that over 90% of the car accidents and the pursuant claims never reach the court room. The reasons are various. Let’s take a look.
Slow legislative system
This is one of the main reasons for which people avoid going to court. It is going to take you about two years after you file the claim to get the first hearing of your case. This is just the first hearing. The procedures are incredibly slow and that’s because there is not enough capacity to handle the abundance of cases. The courts are flooded with cases and there is not enough human and physical capacity to handle more.
Furthermore, another quite common reason for which people prefer to stay away from the court room in situations of the kind lies within the high legal fees. Court fees are particularly high and a personal injury claim of the kind could easily cost you a small fortune. Even though these expenses are recoverable, you would still have to pay for them out of your own pocket during the trial and expect to get them back only when and if you win the case. That’s a risk that not everyone is willing to take.
The benefits of the out of court settlement
All of these cases that never reach the court are settled outside of it. The parties have reached mutually beneficial agreement and have acted upon it by bonding in a settlement. This piece of document has the same legally binding force as the ruling of the court and it’s fully enforceable by the necessary authorities. However, it’s nowhere near as expensive, it’s quickly achieved and there are no unnecessary hassles and burdens along the way. You get what you bargain for and there are no related risks with getting nothing at all, which may happen in court if the ruling is not in your favor.
So, there you have it, the main reasons for which people prefer to go around the court and settle outside of it. That’s not a bad thing – on the contrary – it’s an example of the freedom of negotiations and how it can serve society perfectly in times of distress and turmoil like this. Majority of the personal injury lawyers are experts in negotiations and though they have ample experience standing for trials they prefer that the case is settled amicably. This helps you get the much-needed funds faster.
