Only 4% to 5% of personal injury cases in the U.S. go to trial. The rest are settled out of court. Still, you never know when a major case will make it to court, which is just one reason to highly consider hiring an attorney with significant trial experience. Here are some more points to keep in mind when considering trial experience as part of overall competency.
Settlements
Many people don’t realize that a lawyer with trial experience won’t just help you if you end up in the courtroom. In fact, trial experience is a major advantage for countless steps involved with navigating your case and potential settlement. For example, experts agree that you’re much more likely to get a high settlement when a trial-experienced lawyer is on your side as opposed to a lawyer without much trial experience.
Furthermore, during the settlement stage, having an attorney with trial experience sends a powerful message to the other side’s legal team. Essentially, you’re letting the other party know that you’re more than prepared to go to court if necessary, and you’ll do whatever it takes to have success with your case. Having this confidence and making it clear to the other party can work as an effective psychological strategy. Never assume that trial experience is only relevant if you end up in a courtroom.
Trials
According to the U.S. Department of Justice, the most common personal injury cases include motor vehicle accidents (52%), medical malpractice (15%), and product liability (5%). Depending on the type and severity of your case, your attorney may end up being unable to agree on a settlement and take the initiative to bring the case to court. This allows any attorney with adequate trial experience to go above and beyond to prepare a thorough case for the courtroom. You’ll be able to rest assured knowing that whatever happens, no stone was left unturned in seeking just compensation for damages.
Ultimately, whether you need a car accident attorney, a personal injury attorney, or an attorney who specializes in a different area of the law, understanding why it’s so essential to prioritize trial experience is the key to asking the right questions during the interview process and navigating any case as quickly and effectively as possible.