How do trial lawyers compare to settlement lawyers in personal injury?

Trial lawyers litigate personal injury claims in court and excel at convincing a judge and jury of the strength of their client’s case. A personal injury attorney who is considered a “settlement lawyer” is a strong negotiator, focusing on securing maximum compensation outside of court, in negotiations with the defense.

Both types of lawyers can secure a successful outcome for their clients, but for the best chance of winning your case, you want a West Palm Beach personal injury lawyer who is good at both trials and negotiations.

What is the difference between a trial lawyer and a settlement lawyer?

Settlement lawyers are skilled negotiators who work with the other party out of court, either in informal negotiations or in a more structured setting, like mediation or arbitration. Trial lawyers think fast on their feet and can respond quickly to surprises or unexpected testimony at trial.

Both types of lawyers get the best results with meticulous case preparation, which includes input from relevant expert witnesses, objective evidence, and well-crafted arguments.

Why does trial readiness lead to higher settlements?

When the defendant’s lawyers and insurance company know that the plaintiff’s side is prepared to go to trial before negotiations even begin, they may be much more amenable to settling out of court. Higher settlements are more likely when the plaintiff’s lawyers are in a strong position to negotiate.

Court trials are expensive. Insurance companies know this; the last thing they want is to pay for a trial, lose, and have to pay both the cost of litigation and your damages. Insurers’ main goal is to avoid paying settlements and, if they must, to pay as little as possible. A well-constructed case and a lawyer who is ready to take a case to trial may be enough to convince them to settle in good faith, for a fair sum enough to cover the full amount of your medical bills, lost wages, and pain and suffering.

What are the risks of hiring a settlement mill?

Settlement mills focus on settling cases as quickly as possible. The upside? You’ll get paid more quickly, which can be a boon to plaintiffs who are financially struggling. However, when you settle quickly, there’s a risk that your settlement won’t be enough to fully cover your damages, especially if it turns out you’re hurt worse than you thought when you settled.

Once you settle a case, you release the defendant from further obligation to you. If you need more money to cover medical care after you settle, you can’t go back and reopen the case. Insurance adjusters know this, and they know which law firms tend to settle fast and which are usually trial-ready for cases.

This can make a difference in the offers presented to your lawyer; if an insurance carrier knows your lawyer will try to settle no matter what, it may not extend an offer close to your case’s true value.

Most personal injury lawyers prefer to wait to settle a case until their client has reached maximum medical improvement, the point at which further medical treatment won’t result in any more recovery. Once you’ve healed fully, or as much as possible, your lawyer can better value your medical damages. They can also determine whether your case is eligible for future medical damages, such as covering long-term rehabilitative care or accommodations in a nursing home or care facility.

How can you tell if a personal injury lawyer is trial-ready?

The best way to know if your personal injury lawyer is ready to go to trial is to ask in the initial consultation. Most personal injury law firms offer a free case review, which gives you the opportunity to ask about the firm’s strategy and approach to negotiations.

The lawyer uses this time to gauge the strength of your case and its value, but it’s also your time to ask questions and see if the firm’s approach aligns with your goals.

Ask about the lawyer’s courtroom experience and how many cases like yours they’ve litigated. You can also ask about their trial record and their approach to settling cases. This can help you get a better idea of whether your personal injury case will go to court.

Ask about the firm’s approach to building a case. If they mention multiple expert witnesses or getting your injuries evaluated by specialists, it’s a good indication that they’re building a trial-ready case.

Put Lytal, Reiter, Smith, Ivey & Fronrath in your corner

Which option is best for your case, an out-of-court settlement or a trial? When you work with Lytal, Reiter, Smith, Ivey, & Fronrath, you’ll receive advice tailored to your unique situation and advocacy in negotiations and in a courtroom. We focus on securing full and fair compensation for you, whether it’s a negotiated settlement or a jury award. Contact us today at (561) 655-1990 for a free consultation.