The main reason that most injury cases settle sometime in the pre-trial stage is because litigation is costly and unpredictable for both sides. It takes a lot of time and effort to prepare for trial, and it can drag the case out for several months or longer.
At the end of it all, you don’t know how the court is going to rule. You could end up with a significantly higher damage award than you expected; but on the other hand, you might end up with little to nothing. The same calculation holds true for the other side, which is why settling is usually the safer way to go for all parties involved.
Even though your particular injury case is not likely to end up at trial, there are several good reasons why you should work with an attorney who has plenty of experience inside a courtroom:
Experienced Trial Attorneys Prepare Stronger Cases
An attorney that is comfortable going to trial (when necessary) will approach a case far differently than a lawyer or law firm that always settles and never litigates. An attorney or firm with extensive trial experience will prepare for that potential outcome from the start of the case. This means performing a thorough investigation, uncovering all of the critical facts and pieces of evidence that demonstrate liability, and possibly obtaining testimony from expert witnesses to help bolster the credibility of the claim.
Firms that never go to trial typically do not put as much effort into the cases that they take. Their business model is often based on bringing as many cases as they can through the door and closing them out as quickly as possible so they can get paid faster.
Proven Trial Attorneys Have More Negotiating Leverage
One of the critical differences between an experienced trial attorney and one who never goes to trial is their ability to negotiate a favorable settlement on behalf of their clients. An attorney who is a skilled litigator will automatically have more leverage at the negotiating table because the other side knows that they are not afraid to take the case to trial if they do not receive a reasonable offer.
With an attorney or firm that always settles, their reputation is likely to be known by the other side. It is bad enough that they probably will not put in the effort to build a strong case. But beyond that, they have no intention of ever filing a lawsuit. Knowing this, the other side has no incentive to make a fair offer, so they usually end up settling for whatever they can get.
There is Always a Chance that Your Case Will End Up at Trial
As we talked about earlier, it is generally in the best interests of all parties to settle a personal injury claim without the need for litigation. But that said, about 5% to 10% of injury cases do end up going to trial for one reason or another. If yours happens to be one of those cases, you will no doubt want a strong advocate by your side who knows their way around a courtroom.
Contact Our Experienced Alabama Trial Attorneys
When you are looking for an attorney to represent you after suffering an injury, choosing one with ample trial experience is very important. And the good thing is that nearly all personal injury attorneys work on a contingency fee basis, meaning that you do not pay upfront legal fees regardless of which one you hire. With this in mind, it makes sense to retain an attorney who you know can secure the most favorable outcome in your case.
If your injury occurred in Alabama, Burge & Burge is ready to go to work for you! To schedule a free consultation and case assessment with one of our skilled trial attorneys, message us online or call our office today at 205-251-9000.