Because most attorneys don't specialize in litigation that can end up in court. Real estate, tax laws, wills, and more. Not all personal injury attorneys are trial attorneys. Many attorneys in this field focus on resolving cases out of court and rarely (or never) take a case to trial. A personal injury lawyer is any lawyer who represents victims of accidents or negligence (car crashes, falls, medical negligence, etc.
A trial lawyer, in this context, is a personal injury lawyer who not only negotiates settlements, but is also willing and able to argue the case before a judge and a jury. Not all personal injury attorneys are trial attorneys in practice. In fact, the vast majority of injury claims are resolved through settlements without reaching a court. Because most cases are resolved, some attorneys structure their entire practice around quick settlements.
These attorneys can handle hundreds of cases at a time and their goal is to resolve each of them as efficiently as possible. They often avoid filing lawsuits and stay away from the courtroom. For them, going to court is a last resort, or it's not an option not at all. So are all personal injury attorneys also trial attorneys? No!.
Many personal injury attorneys never try a case before a jury. If you hire an attorney who isn't truly prepared to go to trial, you may be inclined to accept a quick (and potentially lower) settlement offer instead of fighting longer for a better outcome. Understanding this difference can have a big impact on your case. Who benefits from this approach? To a large extent, the law firm and insurance companies. In fact, insurance companies “love” liquidation firms, because those firms always reach agreements with lower amounts than a jury could award.
It's a predictable and cost-effective settlement for both volume-based attorneys and insurers. The loser in this scenario may be the client, the injured person, who may not receive all justice or full compensation for your injuries. A study conducted by experts at high-volume injury companies noted that insurance companies often get “attractive discounts on larger catastrophic injury settlements” with these firms, compared to what they would likely pay if the case went to trial. In other words, in the case of serious injuries, a liquidating firm could settle the case at a low price relative to its true procedural value.
In short, not all injury attorneys are the same. Some will fight to the last dollar and are ready to present their case to a jury, while others will choose the path of least resistance. Next, let's see why having an attorney ready for trial can make a big difference in the outcome of a personal injury lawsuit. Insurance companies are businesses; their goal is to pay as little as possible for each claim. They only reach an agreement to avoid the risk of paying more in court.
If your lawyer has a reputation for going to court and winning, the insurer knows they can't underestimate you without risking a court battle. A lawyer prepared for trial basically forces the insurance company to negotiate in good faith. On the other hand, if the insurer knows that their lawyer never goes beyond letters and phone calls, they have far less reason to increase their offer. This is why cases handled by lawyers who are not litigants tend to settle for small amounts.
The credible threat of a trial is often the secret to a better settlement. When an insurance company believes that their lawyer is fully prepared to bring the case before a jury, their evaluators will consider the risk of losing in the trial (or having to pay an important verdict). Usually, that leads to a higher settlement offer to avoid uncertainty. On the contrary, with a lawyer who specializes exclusively in settlements, the insurer can make a low offer and hope that it will eventually be accepted, since going to court is not something that is really on the table.
Studies and legal experts have observed that insurance payouts tend to be significantly higher when the case is actually about to go to trial, either through a settlement on the court steps or through a jury verdict, compared to the early and prompt resolution of similar claims. Sometimes, an insurance company simply doesn't offer a fair amount (or may deny liability outright). In these situations, having a trial lawyer is crucial, because your lawyer can bring the case before a judge and a jury so that justice can be done. If you have lost a loved one in a wrongful death case or have suffered a permanent catastrophic injury, a low settlement can be a second injustice.
A trial lawyer will be ready to file a lawsuit and let a jury decide the value of your losses, if necessary. This provision protects you, the customer. It means that you will not be forced to accept an inadequate agreement. A lawsuit is a tool to hold negligent parties accountable when they (or their insurers) refuse to take responsibility.
Lawyers who go to trial regularly tend to prepare cases in a different way. From day one, they will gather evidence, interview witnesses, consult with experts, and develop legal strategies to convince the jury. Even if your case never makes it to the trial phase, this thorough preparation can lead to stronger evidence and greater influence during settlement talks. Conversely, an attorney who assumes that the case will be resolved with a minimum of litigation could do the bare minimum, which can harm the value of your case if negotiations stall.
In essence, preparing for a trial often leads to better results, whether or not, because nothing catches the insurance company off guard: they see that you're serious. In short, trial experience is important because it directly affects how seriously the other party takes your claim. It can make the difference between an interim agreement and an outcome that truly meets your needs. Now, let's consider a real example of a company that adopts the testing approach and how that benefits its customers.
Bourne Law's trial experience is not limited to speaking, but it has a track record of success in court. Over the past 30 years (the firm was founded in 1990), the Bournes have tried numerous cases and have even filed significant appeals in Georgia's superior courts. In fact, their reputation as skilled trial attorneys helps many of their clients resolve their cases favorably before trial, because insurance companies know that if they don't offer a fair settlement, Bourne Law will take them to court and win. This reputation and resolution can significantly increase the value of a case to the client.
It's the classic scenario of “preparing for the worst” (judgment) and hoping for the best (coming to an agreement). By preparing for the “worst”, Bourne Law consistently achieves some of the best results for injured people. While most cases never go to trial, some do. It's best to look for an attorney who has experience taking cases like yours to trial. Not only will this give you a better chance of success if your case goes to court, but it can also deter the defendant from challenging it.
The vast majority of attorneys who handle nursing home abuse and neglect cases rarely go to trial. These lawyers haven't been to trial for years. While they may not use the term “proof layer” when marketing their services, these are what we would refer to as “conciliatory attorneys” or even “liquidation factories”. These attorneys are often referred to as trial attorneys, and while many practice law, only a few go to court regularly.
Every case is different and no outcome is guaranteed, but having a true trial lawyer with a reputation for getting results in court can make a substantial difference in every case, even those that aren't going to trial. Nursing homes know that these attorneys are trusted by their clients and that the client will follow the example of their lawyer. On the contrary, attorneys who focus on trials often limit their workload and provide each client with individualized attention. These are usually lawyers who are willing to work hard to hear a case, take statements, pay experts and, above all, do the right thing.
While most personal injury cases settle, trial attorneys in this field often go to court when insurance companies underestimate or deny it. compensation. Lawyers who rarely or never go to trial have more credibility, but the insurance company also knows that they can extend the case as long as they want, and eventually, the lawyer will accept the last offer before trial. So, what type of lawyers go to trial the most? From criminal defense attorneys to personal injury professionals, trial attorneys are the front-line advocates when justice needs to be done in a court of law.
Nursing homes and insurance companies evaluate the attorney's credibility in the case as much as they evaluate the case itself. The trial lawyer said: Show me a lawyer who has never lost a case and I will show someone who has tried only one case or who is a liar. These are not “settlement factory” lawyers who want to resolve cases quickly to increase revenues at the expense of their clients' cases.
