If you’ve been injured because of another party’s negligence or intentional torts, you may have a claim for damages against that party. A personal injury lawyer can help you seek compensation for your economic and non-economic damages.
You want to hire an experienced injury attorney to give you the best chance of winning your case. However, how do you know whether you need to hire a personal injury attorney or a trial attorney to handle your personal injury case?
What Is the Difference Between an Attorney and a Trial Attorney?
A trial attorney has the same type of education and qualifications as an attorney. They must have a Juris Doctor degree and pass the bar examination in the state where they practice law. Both attorneys and trial attorneys can represent clients in personal injury cases. However, their objectives may differ slightly.
Most attorneys work to settle personal injury cases through negotiations and mediation. They work to obtain a fair settlement for their clients without the time and expense involved in taking a case to trial. They develop negotiation strategies.
On the other hand, trial lawyers prepare to argue the case in court. They prepare court strategies to give them an advantage when they argue the case before a jury.
However, trial attorneys do not turn down fair settlements. Instead, they prepare the case as if they are going to trial. If it is in their client’s best interests to settle before going to court, they will do so.
Is It Better to Hire a Trial Attorney or an Attorney for My Personal Injury Case?
There are many reasons why hiring an experienced trial attorney gives you an advantage in a personal injury case. Trial attorneys are experienced personal injury lawyers. They understand the art of negotiating with insurance companies to settle claims.
However, a trial attorney is also comfortable taking a case to court if that is the best way to protect the client’s rights. You are prepared for all eventualities when you hire a trial attorney to handle your personal injury claim. Your attorney can effectively handle the case whether your case settles or goes to trial.
Hiring a trial attorney encourages the insurance company to negotiate in good faith or face going to court. The insurance company knows which attorneys always settle cases and which attorneys are willing to take cases to trial.
Also, companies examine case results to determine which attorneys obtain large verdicts in court. An insurance company weighs its options of increasing a settlement offer versus risking a jury awarding a much larger amount at trial.
Hiring a successful trial lawyer for your personal injury case gives you negotiating power. An insurance company takes a bigger risk going to trial against a trial attorney with a high success rate. A trial attorney takes advantage of their reputation as fierce litigators during settlement negotiations.
What Skills Do Trial Attorneys Have That Benefit Clients in Personal Injury Cases?
Trial lawyers use many skills to protect their client’s best interests. Skills a personal injury trial attorney brings to your case include, but are not limited to:
- The resources and aptitude to investigate claims and gather evidence
- A thorough understanding of personal injury laws, legal theories, and court rules
- The ability to skillfully question witnesses during depositions and trials to obtain testimony to support their client’s case
- Excellent public speaking and communication skills
- An understanding of how jurors evaluate evidence and what testimony may make jurors sympathetic to their client’s position
- Attention to detail, which helps them identify potential issues with a case and factors that can help the case
- Preparing clients to testify during depositions and at trial
- Developing opening and closing statements that move jurors in a desired direction
Trial attorneys do well in adversarial settings. Therefore, they are comfortable arguing in court.
Seek Help With a Personal Injury Case
According to Chris Hammons, a personal injury attorney in Oklahoma City, the first step is to obtain legal advice. Most injury lawyers offer free consultations. You can speak with an attorney about your situation to learn about options for receiving compensation for your injuries and damages. During the consultation, you can also ask about the attorney’s qualifications and experience.