Why should I hire a trial attorney for my civil injury case?
If you’ve been injured due to the negligence of another person in Texas, whether that be via a motor vehicle collision, faulty product, foodborne illness, hospital’s negligence, and so on, often times the person or business you end up suing is insured by an insurance policy. In these situations, these folks have lawyers and insurance agents representing their interests just as you may have a lawyer representing your interests.
One of the first things that typically happens when a civil case is initiated is a negotiation between the parties on a possible resolution before a case gets formally filed. These negotiations give both sides an early opportunity to take responsibility for the acts of their clients, acknowledge weaknesses and strengths of their cases, reduce costs, and provide an off ramp before litigation moves forward. In fact, it’s not uncommon for settlement negotiations to occur before a lawsuit is filed and to continue until an ultimate settlement or trial verdict is reached, which can sometimes be years down the line. It’s actually perfectly normal and customary for the vast majority of cases to settle at some point in the civil litigation process without a trial or substantial litigation. In fact, approximately 95% of civil cases in Texas will settle without a trial. It’s safe to assume that your case, though significant to you, will settle at one point or another without a trial as well.
But what happens when those settlement negations break down? What happens when the insurance company continues to give you lowball offers? What happens when the insurance company denies your claims against their insured, and refuses to compensate you at all? What happens when your lawyer has failed to prepare your case for trial and solely focused on trying to settle? What happens when you sense your lawyer is scared, and you feel that you are being pushed into a settlement that is not fair, and you just feel in your bones that something isn’t right? Avoiding these situations is why retaining a civil trial lawyer is so important.
What is a civil trial lawyer?
Put simply, a civil trial lawyer is a lawyer that specializes in trying civil cases to Texas juries. These lawyers are not unlike other attorneys who will try earnestly to negotiate a settlement for your case where practical and appropriate. All lawyers do this. The difference, however, is that while negotiations are ongoing and truly once you first sit down with them at a consultation, a trial lawyer is also methodically thinking about and preparing your case for trial in the event that your case does not settle. A trial lawyer is versed in thinking about how to best present your case to a Texas jury, how to gather evidence, and how to extract evidence from uncooperative companies and witnesses, while also simultaneously defending any weaknesses in your case. Due to their work up of a case and expertise, a good trial lawyer can often times force an uncooperative insurance company to the table for a settlement that is favorable to you.
Do I need a civil trial lawyer?
That depends on you, the facts of your case, your damages, and your specific needs. It may come as a surprise, but the best civil trial lawyers are often times the lawyers that go to trial the least. Think of it this way, let’s say you had the opportunity to box one of two opponents with the chance to win a million dollars if you won the bout.
—Opponent No. 1 is a guy who is 5’5, weighs 95lbs soaking wet, and whose only boxing experience is a punching bag from Target.
—Opponent No. 2 is a guy who is 6’4, weighs 220lbs, and who has fought 30 professional bouts and only lost twice.
Which person would you want to try and fight?! The choice is obvious right?
In civil matters, insurance companies and their lawyers can immediately differentiate between a trial lawyer, and a lawyer who is not at all interested in going to trial; and they will negotiate and treat that attorney accordingly based on which box they fit into. Good civil trial lawyers use their experience and reputation to their advantage to negotiate more favorable settlements for their clients. When you consider the important decision of retaining a civil lawyer to represent you, you should consider asking that lawyer about their trial experience.
Texas Personal Injury and Civil Trial Lawyer
A Texas personal injury and civil trial attorney understands the serious and complex ramifications of being injured due to the negligence of another. Retaining a good personal injury civil trial attorney is your best and first opportunity to build a robust case, offers your best chance of obtaining the financial compensation to make you whole, and is the best way to hold the negligent people and corporations accountable for the damages they have caused you. If you've experienced a personal injury or believe you have a civil case in Dallas, Texas or its surrounding counties, the Law Office of Alton James III is prepared to fight for you. We have dedicated our practice holding negligent people and greedy corporations accountable for their actions when they harm Texans. To set up a free consultation, and to see how we can fight for you, contact the Law Office of Alton James III today at 469.638.5571.
