If you decide to file a personal injury case, you will want to do so in a way that gives you the best chance of winning. This means hiring an attorney with a good track record for litigating personal injury cases, negotiating settlements, and if a fair settlement offer is not received, taking those cases to trial.
Personal injury cases don’t always go to trial and settlements are frequent, but if your case does go to trial, wouldn’t you like an attorney with trial experience?
Preparing for Trial
Whatever the type of personal injury case, it takes considerable preparation to proceed to trial. This preparation should begin as soon as your attorney agrees to take the case. If your attorney has ample trial experience and is comfortable going before a jury, he or she will approach the case with this possibility in mind. The attorney will know what kind of evidence must be gathered to succeed at trial and the best way to present a case to a jury.
Personal Injury Cases Require Resources
When discussing your case with an attorney, ask if he or she has the resources necessary to take the case to trial. Many personal injury cases require serious investigation and hired experts to verify or refute claims. This can include medical experts, accident reconstruction experts, or rehabilitation experts. Your attorney should also have staff skilled at collecting information from insurance companies, police departments, and other organizations.
Collecting all the relevant evidence in a timely fashion is vital for any personal injury case, but especially so for those that go to trial. Your attorney will need to not only have the evidence in hand, but also make experts available to explain that evidence in a clear and convincing way to the jury.
The Trial-Adverse Perception
You want an attorney who will fight for you, but if your lawyer does not have a history of successful trial outcomes, your chances of winning the award or obtaining a settlement offer that you deserve are diminished. Legal representatives for insurance companies and other defendants may see an attorney with no trial experience as someone unwilling to fight for you through a trial and the settlement they offer will reflect that. No one wants to be represented by an attorney who is viewed by other attorneys as too quick to settle. Why put your case at a disadvantage?
Trial Experiences Can Achieve Better Personal Injury Settlements
There are often circumstances in which settling a personal injury case will get the best results for the client. Even if you enter the process convinced you want to settle rather than go to trial, having an attorney with trial experience will help you reach your desired outcome. When your attorney has the skills to litigate personal injury cases in court, as well as support resources such as knowledgeable staff and experts, he or she will be well-prepared for any settlement discussions.
Hiring an attorney with trial experience also sends a powerful message to the other side. The defendant’s legal team will know they are facing someone who is not only prepared but willing to take the case to trial if a settlement offer is not reached.
If you have suffered a personal injury and have questions about filing a case, contact Upton & Hatfield today.