How do I assess whether a lawyer will take my case to trial if necessary?

Willingness and ability to try cases profoundly affects your leverage during settlement negotiations with insurance companies. Many personal injury lawyers prefer settling everything and lack actual trial experience despite marketing claims. Ask directly how many cases they’ve tried to jury verdict in the past five years, not just filed lawsuits. Inquire about recent trial results including both wins and losses, as honest lawyers acknowledge not winning everything. Trial-ready lawyers invest in case preparation from the beginning, gathering evidence and documenting damages thoroughly. They should explain their criteria for recommending trial versus settlement based on case factors rather than personal preferences. Experienced trial lawyers maintain relationships with jury consultants, court reporters, and trial technology providers. Ask about their approach to jury selection, opening statements, and witness examination demonstrating actual courtroom knowledge. Some lawyers associate with trial specialists when cases require litigation, which works if disclosed upfront. Evaluate whether they have financial resources to fund trials including expert witnesses and exhibit preparation. Trial lawyers should discuss realistic timelines, as cases taking years to reach trial require patient clients. They must honestly assess your ability to testify effectively and withstand cross-examination stress. Consider whether their personality and communication style would resonate with local juries. True trial lawyers view courtroom advocacy as professionally fulfilling rather than something to avoid. Their confidence in trial abilities strengthens negotiating positions even in cases ultimately settling before trial.

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