An individual who has suffered a personal injury may be inclined to see their action through to trial so they can have their day in court. However, this approach is often the opposite of what a lawyer would advise for their injured client. Personal injury lawyers know that settling a case as fast as possible delivers the best outcome for their client.
Personal injury cases can be long and drawn out proceedings. It could take years or even over a decade for a personal injury action to get to the trial stage. Examinations for discovery must be undertaken; mediation sessions must be scheduled; motions will be heard at the request of all parties to deal with procedural matters along the way; and, a pre-trial as well as jury selection and other proceedings related to the preparation of the trial must be conducted.
Advancing a personal injury action to the trial stage is enormously expensive. Failing to secure a favourable judgement at trial could be financially ruinous for the injured plaintiff. For this reason, many personal injury lawyers recommend purchasing insurance as soon as the plaintiff commences their claim.
Sustaining an action for many years can be stressful for an injured plaintiff and their family. Court proceedings can be emotionally draining and physically exhausting. The plaintiff should consider settlement offers seriously, before potentially hitting a breaking point.
However, the delays inherent in the court process and the potential expense and stress of court proceedings for an injured plaintiff are not the only reasons why a personal injury lawyer would encourage settlement as early as possible. Lawyers are professionally bound by the Rules of Professional Conduct. The Rules stipulate that lawyers should encourage their clients to compromise and settle their disputes. This direction helps to preserve court resources by moving actions along quickly.
It is important to settle personal injury cases as fast as possible for all of the above mentioned reasons. An injured plaintiff should seriously consider all offers to settle. With the advice of a personal injury lawyer, an injured plaintiff should seek to resolve their claim in order to move forward with their lives at the earliest opportunity.
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