If you reach an agreement out of court, lawyers for both parties finalize the agreement. Once you feel comfortable making an agreement out of court, no one else will be involved. Therefore, the agreement is secured and predictable because it is not up to a jury and a judge to decide. The negotiation process may include phone calls and emails between lawyers or pre-trial hearings to resolve minor issues and shape the trial.
There are several reasons why you should want to settle in court, but there are also reasons why you shouldn't. Let's take a look at some of the pros and cons now. There are several ways someone could benefit from taking their personal injury claim to court. Here are some pros and cons of taking your trial to court.
The reconciliation process includes collecting information and evidence related to your case. Your lawyers will document everything and file a lawsuit with the insurance company, starting the negotiation process. But there is always the possibility that the defendant and his lawyers will try to lengthen the process as long as possible. But if you're looking for a certain amount of money, or if it's a little more difficult to prove negligence in your case, the trial could go on for a year or even longer.
There are several reasons why it may be better to resolve a case rather than go to trial. Liability and damages are difficult to determine when your case is decided by a judge or jury. Trials and appeals can take years, while agreements can (theoretically) take a meeting with the opposing party and the lawyer. Settlements can be completely private, while trials are generally open to the public.
In addition, a defendant does not need to admit responsibility when in agreement, whereas a trial may determine liability. Shocked and dismayed, he wonders if his lawyer has lost faith in his case, if his lawyer has lost the harsh aggressiveness necessary to bring the case to a successful closure. This scenario occurs in a remarkable number of cases and is based on a misunderstanding of the lawyer's role in settlement discussions and the lack of communication between the lawyer and his client, often caused by the fact that the lawyer doesn't understand why the client is “exaggerating” and suddenly acts annoying. What I told him then was that the task of a lawyer is to argue the case as firmly as possible and any good lawyer can do it.
While counsel has emphasized that there are no guarantees in litigation, he or she has advised you that it makes sense to go to trial and take advantage of the opportunity to win. Therefore, the wise client will understand that the lawyer who makes the opponent's points to his own client is exhibiting a set of skills critically necessary for good representation. If your lawyer has made statements that concern you, put them on the table and ask if the lawyer still has faith in the case. Your lawyer may have agreed to take on your case, but you did so with a good idea of how it would turn out.
