
Q: I do not want to go to trial. How important is trial experience when hiring an attorney to handle my personal injury/car accident claim?
A: If getting a fair settlement is important to you then hire an attorney that isn’t afraid to go to trial. Most people would prefer to settle their case without actually going to trial. But insurance companies are in the business of assessing “risk.” And if the carrier knows that your attorney does not go to trial frequently, or that your attorney settles every case, then there is little risk that the insurance company will have to pay more money if your case does go to trial. So if the carrier knows your attorney doesn’t like to go to court, then why would it offer more money to avoid the risk that a jury might award more? If your attorney doesn’t try cases, there is no risk for the insurance company. However, if you work with an attorney that frequently goes to trial then the insurance company has that much more incentive to negotiate with him/her in good faith. It’s paradoxical I know, but an attorney who has a reputation for going to trial often is your best chance that your case may settle.