Has the Lawyer Taken Cases to Trial in the Past?
The vast majority of injury cases are settled before they ever reach trials. However, it is important for you to find lawyers who have taken cases to trial. Some cases do not reach a resolution and must be litigated at trial. If your claim is not settled, you will want to have a litigator who is experienced at taking cases to jury and bench trials. Ask lawyers if they have taken cases to trial in the past, and ask them what their success rate at trial has been. Insurance companies are much likelier to offer fair settlements when they are dealing with attorneys who have reputations as strong litigators.
There are many personal injury attorneys who never take cases to trial. Instead, they simply settle all of the claims that they handle as quickly as possible. Choosing a lawyer who never goes to trial may not be the best idea. When insurance companies know that a lawyer is willing to go to trial, they are likelier to make higher settlement offers so that they can avoid the costs of litigation and the possibility of verdicts against them. Ask the attorney who you are considering how many cases he or she has taken to trial and what his or her record is on them. It is also important for you to understand that the vast majority of claims are settled before trial. While your claim will likely reach a settlement, you still should find a lawyer who is willing to fight for you through trial if it is necessary.