If you are injured in an accident, selecting a Maine trial lawyer who practices personal injury law rather than a lawyer who only specializes in personal injury will help maximize your legal right to receive the compensation you’re entitled to. Though the distinction between the two types of law practices may, at first glance, be somewhat difficult to tell apart, some key differences between the two can impact the outcome of the case, which can greatly affect the compensation awarded.
Not all lawyers who practice personal injury law are experienced trial lawyers. A trial lawyer is a lawyer who specializes in litigation and is prepared to take a case to trial if necessary. In contrast, many lawyers and law firms specialize in personal injury only and focus on settling claims outside of a courtroom setting. In other words, their practice represents their client’s interests during settlement negotiations with insurance companies and generally avoids court. In some instances, without the threat of trial, this can affect the injured party receiving a favorable outcome and settle for less, or, where a resolution cannot be reached, the lawyer without trial experience may refer the case to a colleague who does have trial experience.
By the numbers, having trial experience may not seem like an issue. Personal injury lawyers’ lack of trial experience may largely be driven by how personal injury cases are generally settled. Based on the most up-to-date data, only 5% of personal injury lawsuits ever go to trial, with the vast majority settled out-of-court through a pre-trial settlement.
Getting the Money You Deserve
Why, then, should it matter if you select a Maine trial lawyer who practices personal injury law over a lawyer whose practice is limited to settling personal injury cases? If 95% of personal injury lawsuits are not determined by a judge or jury in a court of law, it would seem that one would benefit more from a lawyer experienced in settlement negotiation than someone experienced in trial law.
Here’s why selecting a Maine trial lawyer who practices personal injury law matters and will favorably affect the amount of compensation you are awarded:
Insurance companies typically identify the difference between lawyers who settle out of court and those willing to go to trial. Factored in their offer is the reputation and experience of the lawyer and their firm in determining the likelihood of a trial. Suppose the lawyer and law firm are experienced in trial law, one with a proven record of success. In that case, the insurance company’s settlement offer will likely reflect the possibility of a trial. Experienced lawyers ready to go to trial can negotiate more effectively with insurance companies, as the risk of a trial usually results in larger compensation for you, the claimant. The insurance company lawyers know that over 90% percent of cases that go to trial end in favor of the individual who brought the lawsuit. They often determine settlement offers based on the lawyer or law firm’s court experience.
If, on the other hand, the personal injury lawyer you select lacks trial experience and is not likely to try the case, the insurance company may offer less, assuming the case won’t go to court and anticipating that you, the plaintiff, may not have an option other than settlement. Having an experienced trial lawyer, one with a history of success, representing your personal injury claim means that from the get-go, the insurance company knows that if a favorable settlement is not reached, then going to trial will likely cost them even more—not only in the amount awarded to you but their reputation.
Trial lawyers also offer their clients a well-rounded legal approach. They can help you navigate the complexities of the legal system to secure the best outcome for you. In advocating on your behalf, they will analyze the facts, identify potential legal claims, and determine the best action. They will gather all necessary evidence like police reports, medical records, and witness statements, consult with experts such as accident reconstruction specialists and medical professionals, and draft and submit all required legal documents.
In effect, a trial lawyer will construct a case on your behalf that encourages their adversaries to agree to a desirable settlement, which is no less than awarding you the compensation you deserve or else go to trial. During the negotiation period with the insurance company, most of a trial lawyer’s time will be dedicated to strengthening your case as if preparing for trial. This is not an uncommon approach or tactic for a trial lawyer, as the overall aim is to incentivize the opposing party to settle for an amount favorable to you.
Maine’s Injury Lawyers
If you have been hurt in an accident, speaking with one of the experienced Maine trial lawyers at Hardy Wolf & Downing can make a difference in your life. We have helped thousands of injured Mainers with personal injury cases beat the insurance companies because we are unafraid to go to court to fight for what you are owed. Get started with a free consultation and get the compensation you deserve. For more information or to answer any questions, contact Hardy Wolf & Downing today.