Formal Lawsuits versus Informal Settlements – “What should I opt for if I have recently been a victim of a personal injury?”
When it comes to personal injuries there are two kinds of lawsuits, personal and informal settlements. It is important that you understand the difference between the two to know which one to use personal injury claims are the concern.
Whenever a formal complaint has been filed by the plaintiff in a civil court of law, it is regarded as a formal lawsuit. It can either be against an individual, company or the government. The judge hears the cases presented in court by both the parties. Upon hearing all the evidences he presents his final verdict.
Formal Lawsuits are ideal when
- One of the reasons for filing a lawsuit is that the plaintiff wants to get attention from the media that can only be achieved via a formal lawsuit.
- If the defendant demands public repercussions in lieu of informal settlement for the party that wronged him, it is best to take the case to court.
- If both the parties are unable to reach an agreement, the plaintiff might opt for the expense of a lawsuit. It is now left in the hands of the case attorney to handle the negotiations and reach a conclusion.
- Once the attorney has filed a claim with the insurance requesting the settlement amount; the insurance company submits counter offers. If the two parties still don’t reach any absolute agreement, the attorney suggests the case be transferred to court.
When negotiations take place between the two parties outside of curt, it is regarded as an informal settlement. An attorney and an insurance company are hired in order to reach a settlement favored by both the parties with written consents and agreements. If both the parties reach an agreement there is no further forgoing of the case and it is dismissed then and there.
Informal Settlements are ideal when
- Almost 95% of personal injury cases reach informal settlements before reaching the court. Court expenses in terms of money and time being the major reason. Hiring an attorney and paying them a small percentage of the settlement amount seems a much likely solution than going over the court proceedings.
- Defendants on the other hand pay their attorneys on the hourly basis. Most of the defendant’s cost such as the depositions and witnesses costs are paid upfront whereas the plaintiffs pay the costs after a settlement has been reached, making it ideal for both the parties to settle the case outside court.
- A case settled as a result of informal settlement provides the plaintiff a faster and cost-effective way out. Moreover, it keeps both the parties far from public defamation in the newspapers and all the other mess involved.
The plaintiff can be compensated for both punitive and monetary benefits in both stances of an informal settlement or a formal lawsuit. The reward amount however, is greater if the case goes to trial.
So it can be concluded that informal /settlements are a much cheaper and advantageous way to settle injury claims outside the courtroom and avoid time-consuming proceedings for both the parties involved.