If Most Accident Claims Are Settled, Why Hire A Trial Attorney?
There are a few reasons why you want to hire an attorney for your injury case, who has trial experience. Number one, the majority of the insurance carriers who are on the other side of these cases are tracking, usually by tax ID number, who is going to trial, what the results are, and who is just churning and burning these files.
It’s important to have an attorney who’s taking the case to trial, who has gone to trial, who can be prepared to take the case to trial, to get the optimal result in your case.
Also, the defense lawyers will know based on results who’s taking cases to trial. When they talk to their insurance company and their individual client they might say “This could be an issue. We’re going to have to go to trial and face a pretty big exposure. We might as well try and settle this case now.” Versus, someone(attorney) who they’re up against, who doesn’t really go to trial. They know, they follow these things, they track these things.
The reason it is important that you have somebody or a firm that is comfortable going to trial, that goes to trial on a regular basis, is because it creates a fear in the insurance company.
The insurance company does not like risk. Risk is going to trial, not knowing what the result will be, is trial. Now an insurance company is going to do their best to mitigate that risk before going to trial.
Your best opportunity to get a decent, fair, and just recovery is with a firm or an attorney who actually goes to trial, who can say, “hey, I can take this case to trial. Here is my track record. Here are the cases I have tried. This is what we are anticipating will happen in this particular case.” That way the insurance company has to look at it and acknowledge that there could be a decent exposure and that will then increase the value of each particular case.
Not every lawyer is going to trial all the time, who are these days. Probably one or two trials a year for a plaintiff’s lawyer is considered a lot. Our firm are trying anywhere from six to eight trials a year, and we are obtaining significant results due to our ability to take cases to trial and push cases to trial.
Because the other side and the carriers know we are going to be prepared when we get to trial we can, and have, obtained big results. Much higher than the insurance policies allow for, at trial.
Insurance companies do not like to pay more than they are legally supposed to. So, when you hit them for a big verdict, they recognize that, they keep track of that, and that affects their valuation. When they are going up against a firm who either tries cases all the time, or does not.
The firm who tries cases a lot, they’re (insurance company) going to recognize that. That is going to increase the value of your particular case versus someone (attorney) or a firm who doesn’t go to trial very often and just churns and burns.
If you are a potential client looking to retain the services of a trial lawyer or an injury lawyer, you should be asking them:
- Do you go to trial?
- How often do you go to trial?
- Are you prepared to go to trial?
The results can vary. You can ask anybody about the results to trial, but you really want to know, is this firm prepared to go to trial? Can they take my case all the way? Or, are they going to find some reason just to settle this case.