Go to Trial or Settle?

In the event of a legal dispute, is it preferred to go to trial or to settle? They both have their fair shares of advantages and disadvantages, and it is a big decision. Depending on the nature of your case, your legal representative will help guide you in what direction to go, but know it is ultimately up to you!

Settlement

The goal of all parties involved in an injury lawsuit is to try and reach a fair settlement based on the available evidence. Through proper settlement negotiations, cases can typically resolve faster and cost far less than a trial would.

There are truly no disadvantages to making a good faith effort to settle a case. You may find through the settlement process that the insurance company is making lowball offers to settle your claim at first, but engaging in the settlement process lets everyone know where the parties stand. When settlement discussions between the insurance company and the plaintiff break down, sometimes they may agree to hire a mediator to help resolve the dispute. Done properly, successful settlement negotiations and mediations can often result in all sides feeling like they reached a fair result.

Advantages:

• Saves money
• Saves time
• Reduces stress
• Preserves confidentiality

Trial

If settlement negotiations are unable to resolve the case, then it may require a trial to get a fair result. When it comes to a trial, both sides present their case before a judge and/or a jury. In Ontario, injury claims seeking $200,000 in damages or less are now typically decided by a judge alone, whereas the case will usually be decided by a jury of six people when the claim is in excess of $200,000. Trials are often labelled as risky, as the ruling/verdict is unknown, and the losing side may have to pay the legal costs of the winning side.  

One of the many reasons for going to trial is to hold the insurance company accountable for your damages when they might be trying to settle your case for too low. Some plaintiffs also feel personal and mental satisfaction in getting to have their case heard.

Advantages:

• Insurance companies are held accountable
• Plaintiffs can gain a sense of personal satisfaction
• Plaintiffs have a chance for maximum compensation

Disadvantages:

• Verdict is unknown
• Process is stressful
• Process is costly

No matter what you choose, Findlay Law recommends that you consult with a lawyer who will have the in-depth knowledge and experience to help with your case and decide if a trial is worth the time and costs. Have questions? Contact Findlay Personal Injury Lawyers today. For a free legal consultation, call us at 905-522-9799.