Most personal injury claims settle out of court, with no trial necessary. The desirability of settlement is often the only issue that the opposing parties agree on. Sometimes, however, there is simply no avoiding a trial. If that happens, you’ll need an experienced trial attorney to represent you.
Personal injury cases most likely to go to court include those involving wrongful death, catastrophic injury, and product liability.
Even if there is never a trial, the availability of a successful trial lawyer can incentivize the defendant to settle rather than face a skilled attorney in the courtroom.
Access to a Trial Lawyer Can Intimidate the Opposing Party into Offering a Fair Settlement
While negotiation is often the first step in resolving a personal injury claim, it doesn’t guarantee a fair settlement. To ensure that you receive the compensation you deserve, you may need to pursue legal action by filing a lawsuit. Having a skilled trial attorney on your side can significantly influence the outcome of your case.
A trial attorney’s experience in the courtroom can intimidate the opposing party. Their ability to present compelling arguments, examine witnesses effectively, and persuade a jury increases the likelihood of a favorable verdict. This potential threat may encourage the defendant or insurance company to offer a more substantial settlement to avoid the risk and cost of a trial.
Skills That a Personal Injury Lawyer Needs To Settle a Case
A personal injury lawyer who primarily settles cases out of court, as opposed to a trial attorney, should excel in compromise, settlement, and case evaluation.
They must possess the following skills:
- Negotiation: A settlement attorney must be a highly skilled negotiator to contend with insurance companies. They must be adept at negotiating with insurance adjusters and opposing counsel to reach a fair settlement. They must understand the art of compromise. Finally, they must know how to leverage evidence and legal arguments to achieve the best possible outcome for their client without going to court.
- Legal knowledge: They should possess a superior understanding of legal nuance and case law relating to their client’s claim. They should understand the relevant law better than the insurance adjuster.
- Communication Skills: A settlement lawyer must be able to explain complex legal issues to their clients. They should be able to elicit relevant information from their clients and witnesses. They must be able to convincingly articulate their client’s position to the insurance company.
- Case Evaluation Skills: A settlement lawyer needs the ability to accurately assess the value of a claim. They must be able to analyze medical records, accident reports, and other evidence to calculate damages.
These are just a few of the essential skills a personal injury settlement lawyer needs.
Skills That a Trial Attorney Needs
A trial attorney needs a distinct set of skills to succeed in court, including:
- Litigation and Courtroom Skills: A trial lawyer must be highly skilled in drafting pleadings, conducting the pretrial discovery process, presenting evidence to the court, examining and cross-examining witnesses, and delivering persuasive opening and closing arguments. They must be comfortable and confident speaking in front of an audience in a formal setting such as a courtroom.
- Legal Knowledge: Like a settlement lawyer, a trial attorney needs a deep understanding of personal injury law. They must also possess an instinctive command of the rules of evidence and courtroom procedure.
- Research Skills: A trial lawyer must be able to conduct detailed legal research to support their arguments and anticipate the opposing party’s legal strategies.
- Critical Thinking Skills: Trial attorneys must be able to spot a hole in an argument from a mile away. They must analyze complex legal and factual issues, develop effective trial strategies, and “think on their feet.”
In many ways, the skills required by a trial lawyer and a settlement lawyer overlap. In other ways, they are quite distinct from each other.
Speak With an Experienced Personal Injury Attorney If You Were Injured in an Accident
The earlier you begin pursuing your claim, the more likely you are to experience success. And “success” doesn’t just mean walking away with money in your pocket. It means walking away with every penny you deserve.
If you were hurt due to someone’s negligence or wrongdoing, contact a skilled personal injury lawyer to discuss your rights. They can explain the best course of action for your unique case.
Contact the Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced personal injury lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
