Why You Should Hire a Personal Injury Lawyer with Trial Experience

Did you sustain injuries in an accident caused by another party’s negligence? If so, you may be looking to pursue a personal injury claim against the responsible parties. In most instances, it’s wise to hire a personal injury attorney to protect your interests. But how do you know which firm is right for your case? Do you need a lawyer who has experience in the courtroom? It might come as a surprise to learn that all personal injury lawyers are not trial lawyers.

One of the attributes you should be looking for in an attorney is trial experience and a proven record of success with personal injury settlements. While it’s a fact that many personal injury plaintiffs never see the inside of a courtroom, there are still multiple benefits to hiring an attorney who has courtroom experience. Here are a few reasons why you should consider hiring a personal injury lawyer with trial experience.

Your Attorney Might Have Settlement Negotiation Leverage

It’s not uncommon for personal injury attorneys to deal with the same claim representatives at the various insurance companies. These companies know which attorneys try to settle all their cases and which ones have trial experience. That knowledge can influence a claims adjuster in making an offer. If the adjuster knows the attorney doesn’t take cases to court or transfers them to another firm, they might offer less than your case is worth. If your attorney has a reputation for trying cases in court, the adjuster may offer additional money to avoid a potential trial. 

Despite what they want you to believe, insurance adjusters are never on your side. Their top priority is to reduce or eliminate exposure for their company. They will use whatever tactics and techniques they can to achieve this goal. Law firms that push for a settlement in every case so they can quickly move on to the next are often called “settlement mills.” Their priority is to get your case resolved as soon as possible, earn their legal fees, and move on to the next client because they are high-volume operations. That is why insurance adjusters will offer less money because they know the attorney doesn’t have the resources or time—or the will—to litigate.

There’s Always a Chance Your Case May Go to Trial

Although most cases settle during negotiations, there’s always a chance your case could be one of the few that wind up going to trial. You want to know the attorney you choose can handle your case from day one. There are situations when insurance companies refuse to negotiate in good faith or outright deny liability. You need someone who can quickly file a suit and keep investigating.

Even though legal fees will be higher and your case may take longer to resolve, preparing your case for trial could be in your best interest. Should you hire an attorney with no trial experience, you may need a new lawyer who does have the trial experience to take over your case if settlement negotiations break down.

Potentially Better Case Preparation

Attorneys with trial experience understand the challenges of building the most robust case possible and what a jury is looking for when deliberating. This added insight often leads to them approaching a case differently than an attorney who relies on negotiations as a means of resolving them. Attorneys without litigation experience may not take the necessary extra steps that your case needs, such as hiring industry experts, at the onset.

If you work with an attorney that has never been to trial, they may not go the extra mile at the start because they assume your case will settle during negotiations. But an attorney familiar with the inside of a courtroom will examine your case as though the initial investigation is setting the foundation for a potential trial, setting the stage for you to get more compensation.

How to Find an Attorney with Trial Experience?

According to Pasco County Injury Attorney Wendy Doyle-Palumbo, when meeting with different firms, you should ask the attorneys questions about their experience. Personal injury attorneys are used to people asking questions about their prior experience and knowledge. You can also look on the firm’s website to see whether they have a case results section.

This part of the website might tell you more about the prior cases they’ve handled and the outcomes. Don’t be afraid to have a list of questions when you visit each firm to compare the responses with the others. Doing this will help you decide which lawyer is the best fit for your case.