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Civil litigation is one of the most popular ways to settle disputes, and it’s common for parties to go through a trial. However, a lawsuit is not always necessary to resolve an injury claim. There are many different ways that an injured party can receive compensation without going to court.
• Settlement
A settlement is an agreement between the injured party and the insurance company that resolves a civil case before a jury trial takes place. By settling out of court, both parties avoid the costs associated with litigation, such as attorney fees and court costs. In addition to saving money, plaintiffs often feel satisfied knowing they could resolve their case outside of court because they couldn’t prove their case beyond a reasonable doubt in front of a judge or jury.
When you decide to settle your case out of court, you will need a personal injury lawyer in Ottawa to represent you in negotiations with the insurance company. They will negotiate with the insurance adjuster and try to obtain as much money as possible for your injuries and losses.
• Arbitration
Arbitration is an alternative to going to trial in a personal injury lawsuit. The parties can agree in advance to bring their dispute before an arbitrator, or the court can order arbitration after a trial has been held. An arbitrator hears testimony from both sides and decides on the case. The parties do not have the right to appeal an arbitrator’s award.
A defendant’s offer may come with conditions or requirements that aren’t obvious at first glance (such as waiving your right to appeal). Any terms or conditions must be fully explained before accepting any settlement offer, so there aren’t any surprises later on down the road. Thus, hiring a lawyer to help you through arbitration is a wise idea.
• Mediation
Mediation is similar to arbitration except that both parties are present throughout the proceedings and can negotiate directly with each other, which is a standard option in personal injury cases. This process is designed to allow the parties to come to an agreement on their own, and while it doesn’t necessarily need to be confidential (the details of the settlement are not disclosed), it is often held privately. Using specific legal strategies and tactics, your lawyer can help you get more money from the insurance company.
It’s much faster than a trial—especially since it’s standard procedure for mediation conversations to be held in person, whereas evidence is collected during trials in various ways and only presented in court when relevant. Beyond saving time, there’s also the benefit of skipping over potentially embarrassing or uncomfortable elements of a trial that would come about as part of discovery—in mediation, these kinds of information exchanges are more controlled.