In the world of personal injury law, a client often has to face a difficult decision when they are selecting their legal representation: whether to retain an attorney who primarily settles their cases out of court, or one with substantial trial experience. The vast majority of personal injury claims are handled outside of court, but the presence of a skilled and proven trial attorney can make all of the difference in your case. In short, trial experience is not only an added credential; it is a fundamental advantage that will direct affect your cases valuation, insurer behavior, and client recovery.
In this article, our Utah trial lawyers will be diving into the benefits of hiring a lawyer with trial experience, and why this experience matters in a personal injury case.
Settlements are Influenced by the Credibility of Trial Threat
Every insurance company is different, but one thing they have in common is how they evaluate claims. Every insurance company has a sophisticated internal system to evaluate how seriously they should take a claim. Adjusters and their defense counsel will routinely research the opposing attorneys to determine how often they actually take a personal injury case to verdict. Why do they do this? An attorney who has a track record of settling cases outside of court will be treated differently. Insurance companies will acknowledge this track record and act accordingly trying to stonewall a settlement attorney with low offer amounts as they know that the case will most likely not proceed to a courtroom.
With a proven trial attorney this is different. If your attorney has a track record of taking personal injury cases to court and securing substantial verdicts than an insurance company will see them as a credible threat. They are more likely to evaluate your case fairly and provide higher settlement offers to avoid going to court where they will have to face an unpredictable jury.
The difference in value between a trial tested personal injury law firm and one that primarily focuses on settlements is night and day.
Trials Require a Distinct and Highly Developed Skill Set
Trying a personal injury case demands a mastery of courtroom procedure, evidence rules, jury selection, direct and cross examination, and the ability to present complex medical scientific evidence in a compelling narrative. These skills are essential to a trial and cannot be fully simulated in negotiation or meditation settings.
An experienced Utah trial attorney understands how to:
- Conduct effective voir dire (examination of character) to identify and eliminate potential biased jurors
- Frame opening statements and closing arguments that will resonate emotionally and logically with juries
- Cross examine defense medical experts in order to expose bias or methodological flaws
- Utilize demonstrative evidence, day in the life videos, and accident reconstruction animations persuasively
These abilities can only be honed through repeated courtroom performances under the intense pressure of live testimony and judicial rulings.
Contingent Risks are Mitigated by Trial Readiness
Personal injury cases are accepted on a contingency basis, meaning the attorney recovers a fee only if the client recovers compensation. A lawyer unwilling or unprepared to take a valuable case to trial effectively caps the potential recovery at whatever the insurance company is willing to pay to avoid litigation. Clients with legitimate claims can therefore be forced into accepting inadequate settlements simply because their attorney lacks the experience or resources to take their case to court.
A trial law firm removes that artificial ceiling. When an insurer recognizes that their low offers will result in a full trial, they must weight the cost of prolonged litigation and the risk of a substantial jury award, often including punitive damages in appropriate cases, against the certainty of a negotiated resolution.
Choose a Skilled Trial Attorney
When you have been injured by the negligence of someone else selecting which attorney you will go with is one of the most important decisions you or a loved one can make. An expert Utah trial lawyer with years of experience can directly translate into higher settlement values, greater leverage against insurance companies, and the assurance that your claim will not be undervalued due to an inability to proceed to trial.
When you are choosing which attorney to go with, do not be afraid to ask questions such as: How many personal injury trials have they personally tried? What were your jury verdicts? In which courts? The answers to these questions will be able to provide you with a clear indication of if their firm is right for you.
If you or a loved one has been injured by the negligence of someone else, you deserve the best possible representation. Contact the trial law experts at LifeLaw Trial Lawyers today for a free consultation. Our team of the best trial lawyers in Utah have successfully recovered millions of dollars in trial settlements for our clients.
Jared Inouye a trial attorney at LifeLaw states “In the unforgiving arena of the courtroom, experience isn’t a luxury—it’s your shield against injustice. I firmly believe cases are won or lost in the trenches of preparation, where your mastery of the case is your greatest weapon. With 20 years of hard-fought litigation, I’ve commanded state and federal benches in complex, bet-the-company trials. Trust a battle-tested advocate who has fought the wars that matter.” Go with a trial attorney you can trust and get your free consultation today call us at 801-206-4002.