Why Do So Few Personal Injury Cases Actually Proceed To A Jury Trial?
You may be wondering if it is worth hiring a lawyer since very few personal injury cases that are filed actually end up before a jury to decide. The legal community likes to speculate as to the reason for this, but one of the main reasons cases settle seems to be fear:
- Fear of going through a jury trial and having them award no damages
- Fear of being exposed on the witness stand by the insurance defense attorney
- Fear of turning down that offer that is currently on the table by the insurance company
- Fear of the unknown…very few individuals let alone attorneys have actually experienced an actual jury trial
- Fear of getting a jury that does not understand how to value a complex personal injury claim
- Fear on the part of the attorney that they will not get paid any money on a contingency
All of these fears can be conquered, but it takes a combination of intense preparation, skilled attorneys, and courage on the client’s part to actually undertake a full jury trial.
At the Whaley Law Firm we have gone through this battle with our clients, turning down unreasonable settlement offers by the insurance companies and maximizing recovery with a jury verdict for our clients’ personal injury lawsuits.
Not All Lawyers Are Trial Lawyers
There are many benefits to hiring a lawyer, especially one with experience in court. A skilled trial lawyer must possess an arsenal of traits in order to see a case all the way through to a jury verdict. A successful outcome at trial can start with the initial consultation with an attorney. At the Whaley Law Firm, we will take cases to try if we feel it is in the client’s best interest and will maximize their compensation.
A good trial lawyer will begin with the end in mind. This means that he or she knows what the key issues will be for a jury and make sure that they build their case right from the beginning. If liability will be an issue (meaning that it may be hard to prove another person was negligent or caused the accident) than there needs to be a focus on accident scene investigation, photos, witnesses and early discovery. If damages are the major issue, then the client may need to see a specialist to determine the nature and extent of their injuries and how that can be translated in monetary equivalents for a jury.
Jury selection is always a critical time in the trial and care will be taken to research the jury pool and ask focused questions to make sure that the jury can come back with a verdict in the client’s favor with no bias or pre-determined beliefs. Attorney Aaron Whaley will prepare your case for trial beginning with the initial consultation.
