Tuesday, May 13, 2014

Don't Let Fear Stop You from Making a Personal Injury Claim

We have all seen the big Hollywood legal movies where there is a dramatic courtroom battle and witnesses, plaintiffs and defendants give their testimony and are grilled by lawyers and admonished by judges.  One of the best films that portray this is The Rainmaker, based on the John Grisham novel of the same name.

Going to court is something few people relish. Indeed, the belief that they will have to go to trial and the fear of having to sit in a courtroom is one of the main reasons people entitled to personal injury compensation don’t make a claim. But the reality is that the vast majority of personal injury cases settle out of court.  Over my 35 year legal career and the hundreds of cases I have litigated, only a small handful have made their way to a court trial and verdict.

Why is that?

If a case has merit and is without substantial controversy, and is prepared well, insurance companies will generally prefer to settle your case than pay their lawyer tens of thousands of dollars to fight you and go before a jury.  Frankly they would rather save those considerable legal fees and add them to your settlement to get rid of your case and gain certainty as to the result, rather than rolling the dice and leaving it up to a jury, where emotions can be a deciding factor.

The kinds of cases that do tend to go to trial are those where liability is up for debate or where more than one party is responsible and no one can agree on the apportionment of fault. Cases that contain speculative income loss claims also tend to be resisted by insurers or claims that are not supported by the evidence.  Where Plaintiffs presenting their claims are not believable or grossly exaggerate their loss, or where our client is not likeable in presentation, those cases stand a much a greater likelihood of going to trial.

So, if you are a level-headed individual, listen to and follow legal and medical advice given to you, and try your best to get on with life, your case stands an excellent chance of settling upon terms that you will be satisfied with. While some insurance companies can be difficult to deal with and can have a reputation of being unrealistic in assessing your case, for the most part, the single biggest determinant of whether your case proceeds to trial or not will generally is up to you, the client.

Along the way, there are a number of initiatives that will assist with settling your case.  Those include events like settlement conferences, mediations and pre-trials, all of which add to the likelihood that your case will never darken the hallways of your local court house. But whatever the options may be, and whatever course of action is required, fear should not be a factor. President John F. Kennedy once said, “Let us never negotiate out of fear.  But let us never fear to negotiate.”

Since 1979, I have litigated cases in many different communities across Ontario, all the way up to the Ontario Court of Appeal.  Over the past 35 years, I have lost cases I should have won and I have won cases I should have lost.  But I assure you, trial is always a last resort and we will not take unnecessary chances with your financial well being or your future.  If you have to go to court, Sharpe, Beresh & Gnys will be there every step of the way.  "We are in this together".

14 comments:

  1. Thank you for sharing this post. It is important for people to know the things that they can do to win a personal injury case when they are not at fault.

    ReplyDelete
  2. Hey thanks for sharing this article its really helpful. If you are looking for a Personal Injury Lawyer. Then visit to our site Las Vegas Personal Injury Attorney: Preston Rezaee, Esq. works at The Firm in Las Vegas and specializes in Brain Injury Accident, Accident Injury and Personal Injury cases.
    Personal Injury Attorney Las Vegas

    ReplyDelete
  3. A accidental accidents sufferer can suffer psychologically, physically and mentally. This means that your lifestyle personal injury lawyer may not be the same again even after undergoing therapy. For this reason

    ReplyDelete
  4. Your blog is very much good. I am very much impressed by your blog content; I also come across number of sites, you can also check these are also very much useful for everyone.
    Las Vegas Personal Injury Lawyers

    ReplyDelete
  5. This topic is new to me. Thank you for sharing it. I hope that you'll post another informative post. Great Job
    Personal Injury Attorney Las Vegas

    ReplyDelete
  6. Thanks for sharing such a nice post! This is really very important information about the related topic, good job.
    Personal Injury Attorney Las Vegas

    ReplyDelete
  7. Nice post. Really enjoyed reading it from start to finish. Please visit my Personal Injury Claims page and leave comments.

    ReplyDelete
  8. You make some really good points about filing a personal injury claim. If you've sustained significant injuries, it's worth a try to get compensation for those. I like what you said about injury cases settling outside of court. I didn't realize that so many cases settled that way. That makes a pretty strong case for getting an attorney to help you with your injury case. http://www.gallagherlawofficespc.com

    ReplyDelete
  9. Superb ! Your blog is incredible. I am delighted with it. Thanks for sharing Here.
    Wrongful Death Attorney Greenville NC

    ReplyDelete
  10. Hello There. I found your blog using msn. This is an extremely well written article. I'll make sure to bookmark it and come back to read more of your useful info. Thanks for the post. I'll definitely return. all of craigslist

    ReplyDelete
  11. Wow, nice blog have been shared by you regarding personal injury lawyer. To know more about San Antonio personal injury lawyers, visit on vblawgroup.

    ReplyDelete
  12. Going into a case with a wasteful and unpracticed attorney is equivalent to running in with no legal counselor by any means. David Genis

    ReplyDelete