Personal injury claims are mostly filed in case of any misconduct, damage or trauma caused by another person. Thousands of these cases are filed every year in courts but very little seem to reach the judge. Some of these cases are rejected in the initial stages due to non-existent proofs or weak cases. Some of these cases go to trail and many cases are settled out of court after the initial notice. Lawyers often take up cases that are strong enough to reach a positive verdict and refrain from weak cases.
Personal injury claims can be made on the accused party if the plaintiff has suffered from trauma or injury at the premises of another person. According to the law, a person can also file a case against the city and government if any of the governmental decision has implicated injury on him. Some of the possible outcomes of personal injury claims are given below.
- Out of court settlement
This is one of the most common outcomes of personal injury claims. Lawyers try to reach out to the defendant on their own and often give them an option of settling out of court. Almost 95% of cases reach the point where both the party settle the matter out of court without facing the trial.
In this scenario, the defendant can pay a hefty settlement amount to the plaintiff that might cover the expense of medical treatment, traveling expenditure, and other damages. They might also pay an amount for emotional and physiological distress and trauma.
Sometimes both parties agree on getting the damaged property repaired or replaced instead of making a payment.
- Dropping the case
Some of these cases are dropped by the lawyers based on weak or ethically wrong claims. The plaintiff just abandons the idea of pursuing the case further if they sense that there is no positive outcome of the case. Due to the unavailability of proofs or witnesses, pursuing the case will only result in more loss to pay the lawyer’s fee.
- Going to trial
Around 5% of personal injury claims in canberra reach the doors of the courts where both the parties fight it out through their respective lawyers. Going to trial can only mean that either the defendant or the plaintiff can win. In the case of the plaintiff wins, the defendant gets to abide by the law to pay a compensation amount as instructed by the judge. This amount is often large enough to cover the cost of damage, treatment and then some. The defendant is left with no other choice and has to pay the compensation amount to the plaintiff.
In the case of the defendant winning the trial, he doesn’t have to pay anything instead he can receive the amount that he has spent in pursuing the case from the plaintiff.
- Making appeal
Whatever the verdict of the trial is, the defendant and the plaintiff reserve the right to appeal against the verdict in 30 days and try to change the decision of the judge. For more informatio please visit our website www.mej.com.au.