How important is the lawyer’s trial experience if most cases settle out of court?

Trial experience remains crucial even though approximately 95% of personal injury cases settle before reaching court. Insurance companies know which lawyers are willing and able to go to trial, and they offer better settlements to clients represented by proven trial attorneys. A lawyer with strong trial skills can effectively threaten litigation, which gives you significant leverage during negotiations. They understand how to build a case that would succeed before a jury, making insurance adjusters take settlement discussions more seriously. Trial-experienced lawyers also prepare cases more thoroughly from the beginning, gathering evidence and documenting damages as if the case will go to court. This comprehensive preparation often leads to higher settlement offers. Additionally, some cases genuinely need to go to trial to achieve fair compensation, especially when liability is disputed or damages are severe. Without trial experience, your lawyer might pressure you to accept an inadequate settlement simply because they lack confidence in the courtroom. Look for lawyers who have actually tried cases to verdict, not just those who claim to be trial lawyers. Ask about their recent trial results and how many cases they’ve taken to jury verdict in the past five years.

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