Why Your Lawyer Should Have Trial Experience
If you have been injured due to someone’s negligence, hiring a lawyer with trial experience is the single most important decision you can make to increase your chances of getting a fair settlement. Trial lawyers are not just prepared for the challenges of litigation – they also bring a sense of confidence and authority that can tip the scales in your favor during settlement negotiations. Thanks to their extensive experience in trial settings, they can handle complex cases, outmaneuver aggressive defense tactics, and ensure you are adequately compensated for all your losses.
Why Trial Experience Matters in Personal Injury Cases
Trial experience is the single most significant factor that separates top personal injury lawyers from the rest. Lawyers with extensive courtroom experience approach each case with the understanding that it could go to trial. This mindset ensures that every step is taken with the end goal of preparing for litigation, which ultimately maximizes your chances of a favorable outcome.
Gathering Comprehensive Evidence
A trial lawyer knows that the key to success begins with thorough evidence gathering. They do not gather evidence just for the sake of satisfying insurance adjusters, but to convince a jury or judge, in case a trial becomes necessary. This means collecting detailed witness statements, medical records, expert opinions, and physical evidence, using which they can build a compelling narrative and present your case persuasively.
Anticipating and Addressing Potential Pitfalls
Insurance companies will look for any opportunity to weaken or dismiss your claim and a lawyer without trial experience might not be equipped to respond to these tactics effectively. Trial lawyers are skilled at identifying these potential pitfalls early on and can take steps to prevent them. They can proactively address issues before they become problems, make sure there are no loopholes for the opposing side to exploit, and fortify your case from every angle.
Taking Your Case to Trial, if Necessary
A lawyer with trial experience is never afraid to take a case to court if it means securing justice for their client. They know how a jury or judge might view your case and they know how to present evidence and make persuasive arguments in order to achieve the best possible outcome for you.
The Risks of Choosing a Personal Injury Lawyer without Trial Experience
When it comes to settling personal injury claims, the primary goal of insurance companies is to minimize the payouts to the extent they can. They tend to use a wide range of pressure tactics to persuade or bully injured individuals into accepting low settlement offers.
Insurance companies often count on the fact that many personal injury lawyers lack trial experience and are likely to settle quickly to avoid the uncertainties of going to court. When the at-fault party’s insurance company senses that your lawyer might not be prepared to take the case to trial, they will attempt to take advantage of it by offering a lower settlement than you deserve, as they know that you have no other option but to accept it.
At this point, even if you want to take your case to trial in order to get the compensation you deserve, you cannot do so, as your lawyer might not be inclined to do it. Even if you hire a new lawyer to take your case to trial, it can be difficult for them to pick up the pieces and build a trial-ready case. As a result, you might be forced to accept a settlement that might not adequately cover all your losses and future needs.
How Your Lawyer’s Trial Experience Can Be a Powerful Leverage in Settlement Negotiations
When you are represented by a lawyer with solid trial experience, the dynamics of settlement negotiations change completely, as your lawyer can use their litigation experience as leverage to turn the tables on the insurance company. The very fact that your lawyer is capable and willing to take your case to trial can be a powerful deterrent against lowball offers.
Extensive litigation experience allows your lawyer to negotiate from a position of strength right at the outset. Since they know that they always have the option of taking your case to trial and that your case is strong enough to convince a jury, they do not have to settle for anything less than what you actually deserve.
By communicating their willingness and readiness to take the case to court, they can force the insurance company to consider the risks and costs of litigation, including the possibility of losing in front of a jury. As a result, the insurance company might be more inclined to offer a higher settlement and settle your case out of court.
How a Trial Lawyer Can Assess Your Claim’s Value Accurately
One of the key advantages of working with a trial lawyer is that they can accurately assess the true value of your personal injury claim. Lawyers without trial experience might struggle to provide a precise estimate of what your case is worth in a courtroom setting.
As a result, they might rely heavily on settlement averages or insurance company guidelines, which can leave you with a lower-than-expected payout. In contrast, a trial lawyer’s deep understanding of how a jury or judge would view your case allows them to assess your claim’s value with much greater accuracy and ensures you do not leave any money on the table.
Especially, a trial lawyer who has litigated cases similar to yours can determine how a jury or judge might assess damages based on the facts of your case and the evidence available. As a result, they can calculate a fair and realistic value for your claim, factoring in not just the immediate medical bills and lost wages, but future expenses, lowered earning capacity, diminished quality of life, and various other long-term needs as well.
Why a Trial Might Be Necessary in Some Personal Injury Cases
In personal injury cases, settlement is often the preferred outcome because it is quicker and avoids the unpredictability of a courtroom. However, there are certain circumstances where litigation might be necessary to secure the compensation you truly deserve. These include:
Disputes over Liability
If there is a dispute over liability and if the at-fault party’s insurance company argues that you were partially or fully at fault for the accident, litigation might be the only option to hold them accountable, establish their fault, and recover compensation for your injuries.
Disputes over Settlement Amount
Even if there is no dispute regarding liability, the at-fault party’s insurance company might still try to undervalue your claim. Disagreements over the appropriate amount for future medical expenses, lost earning capacity, and other long-term damages could force your case to go to trial to ensure you receive the full compensation you deserve.
Need for Additional Evidence
Sometimes, the evidence required to support your case can only be obtained through legal discovery methods. This might include subpoenas for documents, depositions of key witnesses, interrogatories to gather detailed information, or expert testimony. If your lawyer cannot secure the necessary evidence without court involvement, taking the case to trial might be the only way to proceed.
Bad Faith by the Insurance Company
Insurance companies have a duty to act in good faith when handling injury claims, but some engage in bad faith tactics such as denying valid claims, delaying negotiations, or offering unreasonably low settlements. When an insurer refuses to negotiate fairly, filing a lawsuit might be the only way to hold them accountable and protect your rights.
Complex Cases
Some personal injury cases are simply too complex to be resolved through negotiations, especially when there are significant damages, multiple parties involved, or complicated legal issues. In these cases, a trial allows a thorough examination of all evidence and the opportunity for expert testimony to clarify critical aspects of your case.
Seeking Punitive Damages
If the at-fault party acted in wanton disregard for your safety or with malicious intent, your lawyer might seek punitive damages apart from the compensatory damages you are entitled to under the law. Punitive damages are designed to punish the at-fault party for their actions and deter similar behavior in the future. Since punitive damages are not included in settlements, going to trial might be the only way to pursue this additional compensation.
Don’t Settle for Less: Get Aggressive Legal Representation from Our Highly-Rated Georgia Trial Lawyer
When you are injured due to someone else’s negligence, the lawyer you choose can make all the difference. Tanya Miller is not just another personal injury attorney – she is a seasoned trial lawyer with a reputation for delivering results in the courtroom. With years of experience as a former prosecutor, criminal defense attorney, and personal injury litigator, Tanya brings a level of courtroom skill and strategic insight that few attorneys can match.
Tanya understands that preparing for trial means being thorough in every aspect of your case. She gathers comprehensive evidence, works with expert witnesses, and builds a narrative designed to resonate with juries. This level of preparation ensures that no detail is overlooked and no opportunity for maximum compensation is missed. Her ability to anticipate the strategies of opposing counsel and present compelling arguments to judges and juries can give you a significant advantage, whether in settlement negotiations or litigation.
Call our firm today at 855-44MILLER or use our online contact form to schedule a free consultation with one of our highly rated Georgia trial lawyers.
