Do I Have To Go To Trial If I Hire A Lawyer?

No. Many cases, in fact most cases, should settle with the proper amount of effort by the lawyer, and you should receive maximum value. You do not have to go to trial just because you want fair value for your case. No one will go to trial if they think they will lose. Therefore if you have a case that’s worth a significant value, insurance carriers and/or the other party should be willing to pay that amount if you’ve done your job and convinced them of the merits of your case before trial. However, there are certain instances where trial is necessary. The following is a short list:

1. Disputed liability.

Both parties have a conflicting version of the accident and there are no witnesses. Suppose that you and another person contend you each had the green light at an intersectional accident. This case may have to go to trial if there are no witnesses.

2. A dispute as to the nature of your past medical condition.

Many times people have a preexisting condition when they are involved in an accident, a slip and fall, truck accident or injury. In those instances, if it is not clear what the preexisting condition was when the accident occurred, and the nature of the increase in symptoms, trial may be necessary. A skilled attorney however, will avoid trial by obtaining the medical records and getting the necessary expert opinions to support the exacerbation of your condition and give you a realistic appraisal of your likelihood of success of trial.

3. Disputed damages.

Occasionally, there are wildly exaggerated expectations from a client. In these kinds of cases, they think their small fender bender accident is worth millions. If the client does not heed to the attorney’s advice, the likelihood of trial is great.

4. A dispute about economic damages.

The necessity of medical of medical treatment or the reasonableness of treatment, may be in dispute and therefore a trial might be necessary. Your lawyer therefore must know the billings and understand the treatment to explain it to the other side so that settlement is reached.

As I outlined in the very first paragraph, avoiding trial is simply a matter of making sure that all of these four elements are minimized to the greatest extent possible before trial. In this way, you convinced the defense of the merits and value of your case and your attorney is able to settle it.

If you have any problems and need an evaluation of your case, please feel free to contact us for a free one hour consultation at 1-888-834-5055. If we decide to take your case, you pay no fee at all until we settle your case.