An Accident Attorney in Holland MI typically attempts to settle an injury case with the insurance company that should be responsible for paying compensation. Filing a lawsuit is usually only done when efforts to settle are unsuccessful. Even then, most lawsuits are settled before trial. Only about five percent of personal injury cases do proceed to a court trial.
There are a few very important reasons why an Accident Attorney in Holland MI would encourage prospective clients to settle outside of court.
Length of the Trial Process
Going to court takes significantly longer than negotiating a settlement. Injured persons tend to need money relatively quickly because they cannot work while recovering. Research has found that about 60 percent of U.S. residents don’t have any emergency savings. Also, even if a jury were to decide in favor of the plaintiff, the other side can appeal. No money has to be paid while an appeal is in process.
The Risk of Lower Compensation
Although people may have heard about cases in which an injured person received an enormous amount of money in a court award, this is a very infrequent occurrence. In fact, a recent study found that juries most often award a lower amount than what the plaintiff was offered as a settlement.
The Unpredictable Jury
There is also a chance that the jury will side with the defendant which, in a personal injury case, commonly is an insurance company or other business. Since the plaintiff is the one who has to prove his or her case in a personal injury lawsuit, the attempt to collect money has to end at this point. Now the person does not receive a court awarded amount of money or a settlement either.
Arbitration and Mediation
If a settlement agreement seems out of reach, an attorney with an organization such as Bleakley Law Offices P C may recommend arbitration or mediation. During mediation, an objective third party individual helps both sides come to an agreement, which may require both having to compromise to a certain extent. Arbitration is riskier because an objective third party decides what should happen.
