Claimants that rely on negotiations and a settlement do not have to pay their lawyer as much money as those that have pursued a lawsuit. Furthermore, the process of settling does not invite as much risk as the litigation process.
A trial is expensive in terms of both time and money.
All of those that are involved in the trial need to sacrifice some of their time. Some of them might lose some of their work hours. Some might travel a long distance to reach the courthouse. A few might need to appear at a deposition; that takes time.
An attorney’s fee increases, if a client’s case gets decided in a courtroom. Rather than seeking a contingency fee that is 33and 1/3 percent of the compensation, the Personal Injury Lawyer in St. Catharines asks for 40% or more of the court-ordered award.
Trials force those involved to deal with an ongoing source of stress.
Someone on the witness stand gets examined by one attorney, and then cross-examined by the attorney for the opposing party. Information shared in an answer to the attorney’s questions becomes public knowledge, because everyone in the courtroom can hear what has been said.
The verdict might not represent the completion of the process. One of the disputing parties might decide to appeal a decision that has been in favor of the opposing party. The legal system puts no limit on the number of times that the plaintiff or the defendant has the right to appeal a court’s decision.
The outcome of a trial is unpredictable.
No one can tell for sure what the verdict might be. No one can read the jurors’ minds. An insurance company worries about the chances for a large court-ordered award. That money would come from the insurance company, and it would go to the plaintiff. For their part, plaintiffs worry about denial of any funds that could work to compensate them for their losses.
Courts do not help plaintiffs to retrieve their awarded compensatory funds. Plaintiffs’ lawyers usually get that task. Yet that does not guarantee the ability of the insurance company to deliver the sum that has been granted to the winner of a particular personal injury case.
In any given case, both of the opposing sides dislike the uncertainties that are associated with the litigation process. Still, that fact does not serve as a guarantee against a stalemate. The development of a stalemate, before the disputing parties have settled their differences, has the ability to force reliance on the litigation process. That process has its flaws, but it can become a necessity. Smart claimants work closely with an attorney, in an effort to avoid reliance on such a risky and expensive process.