It is no secret that most personal injury cases are settled out of court. Often this happens well before the case goes to trial. And in some cases, before it is even filed in court. There are a number of advantages linked to out of court settlements as compared to litigation. This article will discuss settlement privacy as advantages of settling your personal injury case out of court.
Settlement Equals Privacy
Generally, trials are open to the public, unless the judge orders that the records be sealed. However, this is very rare in personal injury cases. All details of the trial are public record and available and accessible to the public. Therefore, this means that all information with regards to the case is available for anyone to read. This includes:
- Witness testimony
- All pieces of evidence
- All information or ‘dirt’ each party used to make the other look bad
However, settling a personal injury case is a private affair. Parties have complete control of what is to be private and what is to be public. This includes the terms of the settlement.
Another advantage of settling is that the defendant does not have to admit liability. At trial or on appeal, if the defendant loses this officially means that he/she is liable for the plaintiff’s injuries. However, where a settlement is reached, the defendant is not required to admit being liable for the injuries sustained. However, this may not be ideal for the plaintiff, who may feel differently and want this admission. The advantage works for the defendant especially if he/she is concerned about their public image. Or who is worried about having a public record of guilt in respect of negligence or intentional wrongdoing.
For legal advice and representation in your personal injury case speak to a personal injury law attorney today. Contact the Vinson Law Office for a free first consultation.