Why Your Injury Lawyer Should Have Trial Experience

Why Your Injury Lawyer Should Have Trial Experience

According to the US Department of Justice, as many as 96% of injury claims settle out of court. This could make you think that you don’t need an attorney with any trial experience. But in the real world of personal injury law, attorneys with a formidable courtroom reputation and an impressive record of large verdicts and settlements are the ones who are most likely to secure the full and fair compensation you deserve.  

Importance of Trial Experience in Personal Injury Claims

Trial Preparedness for All Scenarios

A lawyer with trial experience is prepared to take your case to court if the negotiations fail. While they will certainly strive to settle your case favorably out of court, they will leave no stone unturned to prepare for trial even while the negotiations are ongoing. This dual preparedness ensures that they are always working with your best interests in mind, regardless of how the case progresses.

Negotiation Leverage

Insurance companies and the defendants will be under pressure when they know the ability and willingness of your personal injury lawyer to take the case to trial. Therefore, having a lawyer with trial experience and resources gives you a significant advantage in settlement negotiations. Opposing parties are more likely to offer fair settlements when they know your lawyer is not afraid to go to court.

Thorough Case Preparation

Trial lawyers are adept at thoroughly preparing cases. This includes gathering all necessary evidence, consulting with expert witnesses, and building a strong legal strategy. Such preparation often results in a more robust case, whether it goes to trial or settles beforehand. Your lawyer’s trial readiness may make the defendants more reluctant to face the jury and encourage them to settle fairly. 

In-Depth Legal Knowledge

Personal injury lawyers who regularly go to trial possess in-depth legal knowledge and experience in courtroom procedures. They understand how to present the evidence effectively, question witnesses, and make compelling arguments before a judge and jury. This experience is invaluable in ensuring that your case is presented in the best possible light.

Confidence and Credibility

A lawyer’s confidence and credibility in the courtroom can significantly impact the outcome of a trial. Experienced trial lawyers know how to maintain their composure under pressure, handle unexpected developments, and persuade jurors. Their credibility can sway a jury’s decision in your favor.

Do Insurance Companies Take Lawyers with Trial Experience More Seriously?

Yes. Insurance companies do take lawyers with trial experience more seriously. Here are several reasons why:

Reputation

  • Experienced Trial Lawyers: Insurance companies know which lawyers have a track record of taking cases to trial and winning. These lawyers have built a reputation for being thorough, prepared, and formidable in court.
  • Higher Stakes: Facing a lawyer with trial experience means the insurance company is aware of the higher stakes involved. They know the lawyer is capable of presenting a strong case in front of a judge and jury, which could result in a substantial verdict against them.

Pressure to Settle Fairly

  • Negotiation Leverage: Lawyers with trial experience provide significant leverage during settlement negotiations. Insurance companies are more likely to offer fair settlements to avoid the risk and expense of a trial, where they could end up paying much more.
  • Avoiding Public Trials: Trials can bring negative publicity and expose insurance companies to public scrutiny. To avoid this, they may prefer to settle with a trial-experienced lawyer rather than risk a courtroom battle.

Comprehensive Case Preparation

  • Thorough Investigation: Trial lawyers are known for their preparation. They gather extensive evidence, consult with expert witnesses, and build a strong legal strategy. This comprehensive approach often results in a more compelling case, making insurance companies more inclined to settle.
  • Anticipating Defense Tactics: Seasoned trial lawyers can anticipate and counter the defense strategies of insurance companies. This ability to effectively challenge the opposition makes them formidable opponents.

Risk Management

  • Higher Payouts at Trial: Insurance companies are aware that juries can award significant damages, especially in cases involving serious injuries or egregious conduct. A lawyer with trial experience increases the likelihood of a higher payout if the case goes to trial.
  • Cost of Litigation: Trials are expensive for insurance companies due to legal fees, expert witness costs, and the potential for large jury awards. Settling with a trial-experienced lawyer can be a more cost-effective solution.

Liable Parties May Not Always Have Insurance Coverage, and a Legal Battle May be Necessary

Some individuals or businesses either do not carry sufficient insurance coverage to compensate for your injuries, or they might lack insurance altogether. This can complicate the process of obtaining fair compensation for medical bills, lost wages, and other damages. Without insurance companies involved, liable parties might be more inclined to deny responsibility. They might also lack the resources or willingness to pay out-of-pocket for your damages.

A trial lawyer can help you pursue the personal assets of the liable party. This might include property, investments, or other valuable assets that can be used to satisfy a judgment in your favor. Trial lawyers are skilled in identifying and legally securing these assets to ensure you receive the compensation you are entitled to.

If negotiations with the liable party fail, a trial lawyer can file a lawsuit on your behalf. This formal legal action is often necessary to compel the liable party to take responsibility and pay damages. Filing a lawsuit also opens up the possibility of obtaining a court-ordered judgment, which can be enforced against the defendant’s assets.

Trial lawyers are adept at building strong cases even when insurance is not involved. They can gather evidence, interview witnesses, and consult with experts to establish the liable party’s responsibility. This thorough preparation is critical in convincing a judge or jury of the merits of your case.

Choose a Seasoned Trial Lawyer for Your Personal Injury Case to Maximize Damages

If you or a loved one has been injured due to someone else’s negligence, you deserve dedicated attorneys who will fight for your rights. At the Pack Law Group, our team of skilled personal injury attorneys will do what it takes to obtain the compensation you need to recover and move forward with your life. To schedule your free consultation, call us at 540-586-7225 or complete this online form

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