Remember That Lawsuits Go On Public Record
Brian O Sutter
Personal Injury
Usually when people talk about consulting an accident lawyer, or personal injury lawyer to enact a lawsuit against someone the foremost thought is about justice. If you or someone you know has been injured in an accident that was no fault of your own, your immediate thought is going to be making things right, and ensuring that the people responsible are held accountable for their actions with the financial damages acquired in a lawsuit.But there’s one thing that people need to understand about lawsuits, and this is one of the reasons why sometimes an out of court settlement is ideal. The vast majority of the time, a lawsuit is a matter of public record.
Everyone Will Know
For some people, this will not be an issue, especially if it’s a typical accident, such as slipping and falling in a public space due to the negligence of the cleaning staff. There’s little “on the line” in the way of a public reputation, or additional “fallout” after the case been conducted.
But in some instances, this may not be the case at all. For example, if someone had a daughter who was still legally considered a minor that was not only injured in a car accident due to driving negligence, but, due to age differences, the person she was with, her “boyfriend” was old enough that sexual relations at the time also constituted statutory rape, this presents a big problem for the family.
It means that the family must now decide whether it is worth it to seek damages in a lawsuit that will be public, and thus invariably expose the daughter and the potential statutory rape situation to public scrutiny. This cannot be avoided in a lawsuit trial as all avenues must be explored in order to provide evidence to support and win the case. In other words, for the family get full, legal satisfaction, it may be necessary to expose the daughter’s situation to the press, involving further embarrassment, humiliation and potential trauma for everyone involved.
The Settlement Option
This is why sometimes, people choose the option of settling out of court. When there is information, or sensitivity about a particular situation that others feel would be better not coming to light in the media or public, the out of court settlement satisfies the need for discretion.
If you are seeking professional advice from a personal injury lawyer, settlements may sometimes be suggested as the best option. In some cases, not only is the out of court settlement the best way to resolve a legal dispute privately, it may also be the faster way to achieve resolution, rather than going to a trial with witnesses and a jury, and that must be resolved over weeks, or even years in some cases.
Get Proper Legal Advice
If you are unsure whether a personal injury or workers compensation case is something that you’d like to take to trial, or get settled out of court, don’t try to make this decision yourself. Always get good, qualified, professional legal counsel from a practicing lawyer that specializes in these cases. In the same way that you wouldn’t go to a dentist when you have a pain in your neck, you should not be talking to your family law attorney about personal injury lawsuit.
Talk to the experts, explain your case, and see what a professional thinks. If you have the grounds for a case, it will then be up to you and your new legal partner to decide whether to go public with a trial or go the alternative of an out of court settlement that keeps things out of the public eye.