Under the 2015 California Rules of Court, many civil cases must go through a case management conference to determine if a trial date can be set or if in the parties must attempt to resolve the case in some other way. While such rules might help ease overloaded court dockets, Los Angeles County has already eliminated the mediation and settlement conference requirements from most personal injury cases.

Regardless of whether or not the rule is in force within any jurisdiction, a knowledgeable Los Angeles personal injury attorney would explain often times it better serves an injured party to settle a case, rather than file a lawsuit. In fact, there are many reasons why most accident victims choose to negotiate settlements out of court.

Out-of-Court Settlements Eliminate Many Negative Aspects of Court Cases

Even when they make reasonable attempts to present an accurate view of underlying laws, television courtroom dramas seldom represent courtroom trials accurately. They imply that cases move instantly from filing a complaint to trial, and they generally conclude within the one-hour time slot. The reality is quite different, of course.

The following reasons explain why out-of-court settlements are preferred by most injury victims:

• Quicker resolution: The California court dockets are full, so it is almost impossible to estimate how long injury victims wait between the date of filing and the date a case goes to court. The actual trial process takes time as well, involving jury selection, opening statements, presentation of evidence by both sides, closing arguments and jury deliberation to reach a verdict. Negotiations, on the other hand, have few formal requirements, so they tend to settle in a fraction of the time.
• Less expensive: Court costs must be paid at the time of filing and throughout litigation and they are often expensive. Also, even though the injured party’s attorney fees are charged on a contingency fee basis (based on a percentage of the settlement or award value only when the victim recovers compensation), defendant attorney fees are typically more affordable when cases are negotiated out of court.
• Less stressful: Attorneys may be comfortable in a courtroom, but with no courtroom experience, plaintiffs and defendants face very stressful situations — especially if they have to testify in court. Mediations and Settlement Conferences are less formal, and in some cases, the actual parties involved in the suit do not have to attend.
• Predictable compensation: Plaintiffs in lawsuits can easily enter the courtroom with strong expectations about the compensation they deserve for their injuries. However, even assuming a jury finds in favor of a Plaintiff, it may be conservative in the amount of money it awards to an injury victim.
• Confidentiality: Take a case to court, and every detail of the trial becomes public record. Even in high-profile cases, however, sensitive details, such as settlement amounts, can be kept completely confidential.

In Some Cases, the Negative Aspects May Be Worthwhile

Every situation is unique. Although resolving a case before trial is the right choice in the majority of situations, cases involving severe injuries may benefit from a courtroom trial. Skilled injury attorneys can explain the likelihood of trial outcomes, including the chances that a jury award might be significantly higher than a settlement negotiation might achieve.

In the end, the choice on how to proceed always belongs to the injury victim. To help ensure that the decision is an educated one, call The Rudman Law Firm APC at 844-478-3626 / (844) 4RUDMAN, at our Los Angeles office at 213-375-3777 or at our Studio City office 818-769-6969.