How Do Claimants Benefit From Settling Out-of-Court?

Any claimant could refuse whatever offer has come from the opposing side, in hopes of meeting the opponent in a courtroom. Still, smart claimants do not seek to become plaintiffs. Each of them has come to appreciate the advantages to settling without pursuing litigation.

The settlement process is less expensive than a trial

At the conclusion of a settlement, the claimant must pay a contingency fee to the consulted and selected lawyer. Most injury lawyers in Wilmette ask for about 33% of the package that the insurance company has sent to the claimant. Yet lawyers expect more if a client’s case must go to trial.

In that situation, a personal injury attorney might ask for 40% of the award granted to the plaintiff by the judge and jury. In other words, the size of the contingency fee increases. In addition, the plaintiff must cover other expenses, such as the fee for an expert witness, any travel expenses, and lost time from work.

The settlement process does not force the claimant to deal with unwanted stress.

If the claimant’s role were to change to that of plaintiff, then he or she might need to sit in the witness stand, and to become the target of many questions. Depending on a given plaintiff’s personality, the need to fill that changed role could invite the development of a great deal of stress.

By settling, claimants’ level of control increases

Each claimant enjoys a greater amount of control, concerning the size of the desired compensation. Claimants find it easier to predict the size of that compensation, because their demands have been indicated in both a letter, and in bids presented during negotiations. Consequently, any plaintiff’s need to worry about the nature of a jury’s decision has been eliminated.

No appeal attached to settlements

Once a trial has ended, either side has the right to seek an appeal hearing. Such a request causes the victim’s wait time to increase. He or she must wait longer, in order to receive a fair compensation.

Settling works to ensure the claimant’s privacy

Inside a courtroom, a claimant becomes a plaintiff. The plaintiff’s need to become the target of questions, while in the witness stand, could invite an invasion of the plaintiff’s privacy. The plaintiff’s answers become the knowledge of all those present in the same courtroom.

Only a limited number of people take part in the negotiation process. Consequently, only that small group of individuals becomes familiar with the claimant’s problems. Moreover, no representative from the opposing party has been granted permission to target the claimant/victim with probing questions. Personal injury lawyers respect the fact that the typical setting for the negotiations has the ability to preserve the claimant’s/client’s privacy.

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