Understanding Your Needs Before Searching for a Personal Injury Lawyer
When seeking the best personal injury attorney online, it is essential to understand the type of legal representation your case requires. Are you looking for a swift insurance settlement without litigation, or is your case serious enough to require courtroom representation?
Non-Trial Attorneys vs. Trial Attorneys
If your case involves minor injuries and you prefer to avoid litigation, a non-trial attorney may be suitable. These attorneys typically handle negotiations and insurance claims but refer cases to trial attorneys if a lawsuit becomes necessary. In the UK, these roles are known as Solicitors (non-trial) and Barristers (trial).
However, if your case involves serious injuries such as brain damage, amputation, paralysis, or wrongful death, hiring a trial lawyer from the start is a strategic advantage. Trial attorneys are prepared to navigate complex litigation processes and are equipped to secure maximum compensation through settlement or verdict.
Why Trial Attorneys Are Better for Serious Injury and Wrongful Death Cases
Many personal injury trial lawyers focus on cases involving significant injuries and may decline minor claims. If your injuries are minor, you might consider representing yourself in small claims court or working with a non-trial attorney for your insurance claim.
For severe injuries or wrongful death cases, retaining a trial lawyer from the outset increases your leverage against insurance companies. Insurance companies often offer better settlements when they know you are represented by an attorney prepared to go to trial.
Settlement Without Litigation Is Still Possible
A personal injury trial lawyer can still settle your case without filing a lawsuit if the insurance company presents a reasonable offer. However, if negotiations fail, your trial attorney is ready to proceed with litigation, ensuring your case is handled aggressively and without delays.
The Problem with Switching from a Non-Trial to Trial Lawyer Mid-Case
When you start with a non-trial lawyer and later transfer your case to a trial attorney, the attorneys typically split fees. This arrangement can reduce the incentive for the trial attorney to invest maximum effort, potentially impacting your case's outcome.
By hiring a trial lawyer initially, you:
- Ensure your case is prepared for litigation from the start.
- Increase the likelihood of a higher settlement or verdict.
- Avoid fee-sharing conflicts that may reduce your attorney's commitment.
Hidden Conflicts of Interest with Non-Trial Attorneys
Consider this scenario: an insurance company offers a $1 million settlement on a case with a $2 million policy limit. Your non-trial attorney may recommend accepting the lower offer to avoid litigation delays and fee-sharing, even if a trial attorney could secure the full policy limits.
This potential conflict of interest highlights why seeking a second opinion from a trial lawyer is wise if your attorney recommends settling a serious case.
How to Find the Right Personal Injury Trial Lawyer
When searching online, include keywords such as "trial lawyer" or "trial attorney" in your search. However, don’t stop there—verify that the attorney has a proven track record in trial litigation.
Insurance companies know which attorneys are prepared to go to trial and which are not. By choosing an attorney with substantial trial experience, you increase your chances of receiving fair compensation for your injuries.
Final Thoughts
While many attorneys claim to be trial lawyers, experience matters. Before retaining an attorney, interview them about their trial history and outcomes to ensure your interests are protected.
Disclaimer: The legal information presented on this page should not be considered as legal advice.