It is not necessary to go to court for a minor personal injury. But in certain circumstances it could be beneficial.In most cases it is unnecessary to go to court. Actually, 95% of all personal injuries claim (minor and serious) settles out of court. Nevertheless, very complex cases can end up in court.
When the situation worsens
A minor personal injury claim can be complex for several reasons; one of them is the aggressor’s refusal to acknowledge the incident.
For instance, a woman was injured in her heel in a traffic accident. The woman was not at fault, and she tries to contact her aggressor to negotiate a deal out of court. Meanwhile, the aggressor doesn’t answer her calls because he thinks he is not guilty.
In this particular situation, the woman and her lawyers can take their case to court. This is so because they wouldn’t receive any compensation if they don’t do it.
Which other circumstances can take a case to court?
1. When the injury involves children the case can go to court because the Canadian Law especially defends children’s rights.
2. When the case involves willful intent to hurt others and the aggressor wants to hide their actions to avoid punishment.
In Canada, most aggressors face their liability because they don’t want to engage in in a major legal process. Therefore, the clients of the personal injury lawyers in Richmond Hill will most likely not need to take their case to court.
It’s always better to resolve the minor personal injury claims out of court because both parties can negotiate a deal that benefits both of them.
Does the severity of the injury matter?
Yes, going to court depends on the severity of the injuries, and the expenses involved. For instance, one case in the United States involved a man and his couple who suffered a crash, in which they were not at fault. He remained in a coma and she was left paraplegic, in their situation the case did go to court and they received the amazing amount of 20M dollars compensation.
In that opportunity the court determined such high compensation because there were two injured people, and they would have lifetime expenses because they couldn’t take care of one another. Of course, their situation is not the norm, but it’s an example of how the severity of the injuries and the expenses involved determine whether a case will go to court or not.
Important factors to obtain fair compensation
Generally, going to court is a costly process, thus insurance companies and personal injury lawyers in Richmond Hill try to avoid it. But, if the case does go to court, the compensation will depend on the following:
• The victim’s physical or mental health.
• Monetary and non-monetary losses.
• The period of time that has passed since the accident.
• The court’s costs.
Regardless of whether the case goes to court or not, the personal injury lawyers in Richmond Hill always do their best to provide the victims with full compensation for their injuries.