The legal system provides any accident victim with 2 different methods for seeking compensation for the accident-linked damages. One method calls for utilization of negotiations. A second one requires the scheduling of a courtroom confrontation between the 2 disputing parties.
Why some claimants elect to file a complaint, and go after the award that must be won in court
No one can predict how much money a jury might award a given plaintiff. Some plaintiffs with a personal injury claim hope to receive a very large award. Their hopes push them to choose litigation in a courtroom over an attempt at a negotiated settlement.
Advantages reserved for those claimants that have opted for an effort by both parties to arrive at a negotiated settlement
Such claimants spend less money on a personal injury lawyer in Menifee. Lawyers normally increase the portion of the client’s award that becomes the contingency fee, whenever any of them have been forced to spend time in a courtroom. Still, that fee does not represent the amount that equals the claimant’s total cost. An injury attorney in Menifee would expect his or her client to
Such claimants receive their compensation within a shorter period of time. It takes well over a year, for a personal injury claim to pass through all the steps of a legal process that has become focused on litigation. Note the contrast between that fact and this one: During negotiations the disputing parties might agree upon settlement terms within 3 to 4 months.
A claimant’s dreams, regarding the imagined chances for a large award, as the result of a jury’s decision, fails to recognize the uncertainty that prevails, when a case must be decided in a courtroom. The judge could overrule an objection from the plaintiff’s lawyer, or accept an objection from the defendant’s attorney. Either of those actions could reduce a plaintiff’s chances for winning.
Moreover, that air of uncertainty does not vanish, once the judge has asked the jury to reach a decision. No one can know what that decision might be. A jury could rule in favor of the defendant. In that case, the plaintiff would not receive a single cent.
A huge drawback to any attempt at replacing negotiations with the confrontations that would take place in a courtroom
Any member of the public could fill a seat in a courtroom. Consequently, any member of the public could hear the comments that have been made by the witnesses. Do not forget that the plaintiff could be one of those witnesses.
A lawyer could ask the plaintiff a question that forced the revelation of private information. In other words, plaintiffs have no ability to maintain their privacy, during any stage of the litigation process.