Litigation has a bad reputation. If you are researching to file a personal injury lawsuit, you may find a lot of information on the disadvantages of litigation. The truth is that benefits and disadvantages are settling out of court and of going through with litigation. At the end of the day, it depends heavily on the circumstance of your case. The best advice that any plaintiff can get, of course, is to listen to your injury lawyer. If it looks like your case may be going to trial, however, here are some of the benefits that you need to be aware of.
Juries Can Be Valuable
When you are negotiating a settlement, you only hear your side and the defendant’s side. You could easily lose perspective of the situation. When you have a judge and jury present, then you may be able to hear more viewpoints. Sometimes, juries can reach a conclusion that will benefit you that you never thought about.
If you’re worried about a jury being present, then you also should remember that juries often disapprove of insurance companies. There is a good chance that the jury will be on your side when dealing with a personal injury lawsuit. If you have a personal injury attorney, he or she can also help you sway the jury in your favor.
Rules And Procedure Can Help
When you file a lawsuit, there are a lot of rules and regulations. This may seem like a disadvantage at first, but in reality, it can help you. There will be a series of steps before you reach the point of litigation. Normally, litigation occurs if you cannot reach a settlement with the defendant or with the insurance company. Your lawyers will help with negotiation and sometimes, you may be able to settle in mediation, but this is not always the case.
Sometimes, you need to move forward to litigation. In negotiations, some insurance companies and defendants do not want to play by the rules. They may be vague about the accident and may try to undermine the damages that you deserve. When you take these defendants to court, they can no longer be vague. They have to follow the rules and procedures that are in place. It is up to the defendant to explain why he or she should not have to pay for your damages.
Lawsuits Can Change The Standard
When you file a personal injury lawsuit, you are making a public statement. In some cases, the threat of going to trial with a personal injury lawsuit will cause the defendant to offer a fair settlement offer. In other instances, you are creating a public record as to what happened. When you file your lawsuit, you could be helping other claimants in the future. Your case could influence how other lawsuits are handled in the future. You could help others protect their rights in the future.
While you can receive a settlement quickly, this is not always the best option. When you go through with litigation, it can stop insurance companies from trying to cheat you out of the money that you deserve.