The Benefits of Settling Out of Court
During a legal dispute, it’s understandable that you might want to pursue any judgement within the courtroom in front of a judge or jury. However, although improvements in the modern legal system have been made to remove surprises from the trial process, it’s not without its faults. As a result, the benefits of settling out of court leave many choosing to avoid the court room and deal with any discrepancies privately.
4 Key Benefits of Settling Out of Court
By researching these benefits, you’ll have an educated stance from which to select the best course of action for your case.
1) You Can Avoid Unnecessary Stress
Court trials are stressful at the best of times, even though they sometimes only last a few days. By settling out of court, you’ll avoid the intense stress that comes with being cross-examined on a witness stand and having the quality of your character questioned by your peers.
2) Damages and Liability Can be Unpredictable
A jury could well offer the plaintiff less than the defendant offers, but there’s no real guarantee of this. As a result, despite changes to the system, the direction a trial takes can still be wildly unpredictable.
Any eyewitnesses might be deemed unreliable, the judge could omit key case evidence, or weaknesses in either party’s accounts might be exposed. By settling out of court, you avoid the risk of swing judgement by judge and jury.
3) You Can Protect Your Privacy
If the judge orders for the records of your case to be sealed, all information pertaining to it will be private.
Unless this happens, though, the details of your trial will be publicly available. This includes any testimony and evidence given during the trial.
Out of court settlements, on the other hand, leave both parties with control over what information – if any – is released for access by the general public.
4) Defendants Aren’t Required to Admit Liability
Losing at trial as a defendant means you’ve been proven to be liable for the plaintiff’s personal injury. Settling out of court, however, means that the defendant isn’t required to admit liability. Although this might not be the ideal solution for a plaintiff who’s keen to prove the defendant’s guilt, it bears heavily in the favor of the defendant. They won’t have to be concerned about receiving a criminal record of negligence.
An Experienced Personal Injury Attorney Can Guide You Through the Process
Although out of court settlements are far simpler than full trials, you still shouldn’t pursue them without the assistance of an experienced attorney. They’ll be able to oversee the settlement, ensuring that all legal agreements are in place and you get the best deal possible.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding Settling Out of Court, or other personal injury matters, call Mesa AZ Personal Injury Attorney Clark R. Richter at 480-461-5321 or contact him at firstname.lastname@example.org for a free consultation to discuss your rights and options. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.