Is it Better to Settle My Calgary, Alberta Personal Injury Claim or to Take it to Trial?

There are a lot of myths about the legal profession. One of them is that settlement is what weak lawyers do, while real attorneys to go trial.

Dealing with a personal injury claim in Calgary can be overwhelming. We understand the stress and uncertainty that comes with an personal injury, and we are here to provide the support and expertise you need. Our team of personal injury lawyers Calgary is committed to securing the compensation you deserve, ensuring your rights are protected throughout the legal journey.

Here’s the truth. At Merchant Law we are fierce litigators. We never shy away from a courtroom battle. But we’d be the first to tell you that battling your case out in court is not ideal.

Navigating personal injury claims can be particularly challenging for rideshare drivers. Understanding the nuances of these claims is essential, especially for Uber drivers in Calgary, Alberta. If you’ve been involved in an accident while driving for Uber, knowing your rights and the best steps to take can make a significant difference in the outcome of your case.

For comprehensive information and support on legal guidance for Uber drivers in Calgary, our experienced attorneys are here to help. We’ll work with you to ensure you understand your options and develop a strategy that best suits your situation.

There is a reason why 92% of personal injury cases settle. That reason is that it’s usually better for the client to do it that way. Here’s why.

Both your attorney and the defendant’s attorney have a good idea of what your case is worth.

In fact, before any settlement conference we sit down with our clients and come up with a settlement range: the highest offer we’re likely to receive and the lowest offer we recommend accepting. The defense is going through the same calculations.

Yes, there is a chance you will win more money at trial. It’s a risk that can come with a bigger reward.

Yet in many cases you won’t do that much better with a trial than you’d do with settlement.

While considering a personal injury settlement, it’s crucial to understand the tax implications involved. Many people wonder, “Do I have to pay taxes on my Calgary personal injury settlement?” In most cases, personal injury settlements in Canada are non-taxable. This means the compensation you receive for your pain and suffering generally doesn’t count as taxable income. However, there are exceptions, and it’s always a good idea to consult with a tax professional to get a clear picture of your situation.

Interest on the settlement amount, however, could be taxable. If there’s a delay in receiving your settlement and interest is accrued during that period, that interest might be subject to taxes. Distinguishing between the compensation for your injury and any additional interest is essential to manage your tax obligations accurately.

Understanding these details can prevent unexpected tax liabilities, ensuring you maximize the benefit of your settlement. For more detailed information, visit our guide on taxation of personal injury settlements in Calgary.

So why do settlement conferences sometimes fail? There are times when the facts of the case are so disputed that the defense does dig in, sure that if they take that gamble they’ll walk away without having to pay anything at all.

Settlements are faster and more cost-effective.

Trials can take years. That’s a long time to go without money you need to get back on your feet.

In addition, trials can eat into your settlement money. For example, we might need to hire expert witnesses to take the stand. That’s far more expensive than getting the opinion of an expert witness that we can use during a settlement conference.

Trials can also launch rounds of appeals, which mean waiting even longer for your money.

Trials are a gamble.

There is always the chance that you’ll lose your case and walk away with nothing at all. You don’t know what a jury will do, and no lawyer can predict it. Once a case goes into litigation all we can do is create the best case we possibly can.

By contrast, settlement gives you plenty of control. You can accept a settlement or ask for revisions, negotiate terms and continue the conversation until and unless a deal falls apart. When you commit to negotiating and settlement the question is less whether you will get paid and more how much you will be paid.

Of course, if the insurance company is not negotiating in good faith or refuses to pay there’s not much you can do. But if both sides are willing to come to the table, it’s usually a good idea to take advantage of that fact.

Put a tough negotiator on your side!

The ability to negotiate a settlement is one of the most important skills a personal injury attorney can bring to the table. Our attorneys have decades of experience handling cases just like yours.

Contact us today! We’ll discuss the facts of your case, and come up with a strategy together. Our responsive, empathetic attorneys are here to help.