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What Makes a Trial Attorney Different?

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What Makes a Trial Attorney Different?

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Any attorney can go to trial, but not all attorneys are trial attorneys. Trial attorneys pursue special training in advocacy beyond the standard advocacy training every lawyer goes through. According to The Law Dictionary, over 90% of cases settle outside of court without ever making it to trial, and this tendency has caused many non-trial attorneys to fail to prepare adequately for trial in court under the expectation that all of their cases will settle. A trial attorney is equally prepared to go to court as they are to settle outside of court, and tend to have a greater level of experience with actual trial proceedings than non-trial attorneys.

If you expect your case to go to trial, a trial attorney provides you the best chance at winning.

Any case has the potential to go to trial in court if the parties are unable to come to a fair settlement. This is why it’s a good idea to seek the aid of a trial attorney over a non-trial attorney. Some cases are more likely than others to go to trial, especially if the case is complicated or involves an extreme monetary loss. When this is the case, a trial attorney will be able to fight more effectively for their clients in the courtroom than an attorney without trial experience.

Trial attorneys will gather different evidence than an attorney expecting to settle might.

The type of evidence necessary to achieve a promising settlement is not necessarily the same as the evidence needed to win a case during trial. A trial attorney will know what information to ask about your case right from the get-go to begin collecting evidence to strengthen your case, whether your case settles out of court or goes through trial proceedings.

Insurance companies track which attorneys take their cases to court, and which attorneys win.

It’s important to note that when you file an injury claim and your compensation is dependent upon winning against an insurance company, those insurance companies have elite, experienced legal teams on their side. Insurance companies also track which attorneys tend to settle versus which attorneys take their cases all the way to court, and which attorneys win. If your attorney has a history of settling outside of court or achieving only mild compensation for their clients, an insurance company is likely to feel less-threatened. If an insurance company does not feel that you are likely to put up a good fight, they are more likely to low-ball you with their offer than if they knew they were facing a trial attorney with experience in court and a history of winning high-value cases.

The process for hiring a trial attorney is the same as hiring another attorney.

With the extra security and protection a trial lawyer can offer, it makes sense to assume that it might cost more or be more complicated to hire a trial attorney, but this is not the case. The ease and cost of hiring a trial attorney is unchanged from that of hiring a an attorney who doesn’t take cases to trial. Since reputable personal injury attorneys work on contingency (i.e. you don’t pay them unless they win your case), a trial injury is a low-risk, high-return investment you can make to seek justice and protect yourself and your family.

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