Choosing a personal injury lawyer is not an easy task for many people, especially if their injury has greatly impacted their life. With so many law firms to choose from, it can be overwhelming to figure out which one is right for you. However, there is one key factor you should take into consideration when hiring a personal injury lawyer: the need for a trial attorney.
What is the Difference Between a Trial Lawyer and a Litigator?
In short, litigators aim to settle a case while a trial attorney is fully prepared to argue your case before a judge and jury. Still, many people think of lawyers as people who take cases to court; however, not all personal injury lawyers are trial lawyers. In fact, many personal injury attorneys rarely set foot in court and never take cases to trial, meaning they must settle claims outside the courtroom. If they can’t settle a case, they must refer it to an attorney with trial experience. To ensure your case is handled properly, it’s important to hire a trial lawyer from the beginning.
This becomes an issue because, in many cases, a defendant who knows your lawyer won’t take them to court is more likely to give low offers that are much less than your case is worth. When you’ve been injured, you need your case taken seriously from the start, not rushed to settle for a smaller amount than you deserve, or passed off to someone else after months of tedious negotiation. You need an attorney with courtroom experience.
Is Going to Trial Necessary?
Those who are unfamiliar with the process of filing a personal injury claim may not be aware that the vast majority of them never reach the courtroom. In fact, statistics show that about 95% of civil lawsuits settle before going to trial. This large percentage may give the impression that litigation is extremely uncommon, but it really means that one in 20 personal injury cases is resolved in court by a judge or jury. Whether or not your case is one in 20 depends on several factors, including whether or not you have hired an attorney who has argued before a court.
Generally speaking, it’s in everyone’s best interest to avoid going to trial if possible. Litigation can often be expensive, time-consuming, and unpredictable at times. However, sometimes going to trial is absolutely necessary, and often, plaintiffs need to file a lawsuit to show the defendant that they’re serious. So, even if your lawyer feels that a settlement is likely, it’s best to be prepared to litigate if necessary.
Insurance Companies Know Trial Lawyers Mean Business
As stated earlier, it’s generally in everyone’s interest to avoid going to trial, perhaps even more so for the defendant. Many times, cases resolved through the courts can result in larger recovery amounts. This means the insurance company will have to pay a lot more than they would have if they had settled before going to trial. Knowing this, insurance companies will often go to great lengths to avoid taking a case to court.
Attorneys with a Reputation for Taking a Case to Court Can Get Larger Settlements
In many cases, insurance companies will make settlement offers based on whether your attorney has trial experience or not. If the company knows your attorney is not afraid to go to trial because they have experience and a high success rate, you’ll have more leverage when negotiating a higher settlement amount. However, if your lawyer doesn’t have a trial reputation, insurance companies may not fear the threat of a trial as much. This will likely cause them to offer lower settlements worth less than you deserve.
The insurance companies’ goal is almost always to pay out as little on your claim as possible. This means that they will often try to devalue, deny, or delay your claim. Sometimes, just the threat of a claim going to court can lead to a larger settlement amount to avoid the hassle of court. You need a trial lawyer to show the insurance company that you mean business and won’t be written off.
Why Do I Need a Trial Attorney for My Personal Injury Case?
Although most personal injury cases are settled without going to trial, it’s still important to be prepared to do so. A top attorney knows that preparation for trial in these cases should start on day one. This is true even if they believe a settlement is likely. In fact, a great lawyer will immediately start thinking about what a trial for your case would look like. They’ll start asking questions such as:
- What evidence do we need?
- What are the best methods of presenting the evidence?
- What evidence do we need to disprove the defenses raised?
Asking these questions on day one will help your attorney immediately begin preparation for a trial. This will show the insurance company that your attorney isn’t afraid to take them to court if necessary.
Preparing for a trial is a long, complex process that starts with conducting a full investigation of the case. When your legal team conducts an investigation, they will gather important facts and evidence that will prove your case. They will also work to disprove arguments the defense may raise against you. In addition, your legal team may call on experts for testimony to add credibility to your claim. Armed with all of the prep work that starts from the moment you hire them, your trial attorney can confidently advocate for you both in and out of the courtroom.
The Carlson Law Firm’s Trial Attorneys Are Here for You
At The Carlson Law Firm, we are always ready to fight for what you deserve—no matter what it takes. We have the courtroom experience and history of success to help you maximize your compensation. From our first meeting, our legal teams will work with you and for you. We will keep you updated every step of the way. If you need a personal injury lawyer, our trial attorneys are here for you.
We understand that dealing with an injury can be a scary, stressful time in many people’s lives. Fortunately, you don’t have to go through it alone. Our caring and compassionate personal injury lawyers are here for you with the knowledge and experience to help you get the compensation you deserve. Consultations are free, and you can call us any day, any time. We care. We can help.
