Your attorney’s litigation experience can affect your case even if you never go to trial.
If you have been injured in an accident, you probably already realize the importance of consulting an experienced attorney about your case. But did you realize that there are actually two types of experience that should be considered: settlement negotiation experience and litigation experience?
Both negotiation and litigation require a detailed understanding of the principles of personal injury law. However, they require different skills and strengths when it comes to building and presenting arguments. It is very important to make sure your attorney has both skill sets.
Now you might wonder…
What if I do not expect my case to go to court? Is litigation experience still important?
While it is true that the vast majority of cases are settled out of court, it is still very important for your attorney to have litigation skills and experience. After all, if you do end up being among the roughly 5 percent of cases that proceed to court, you want to be sure your attorney is prepared. Personal injury cases are very challenging to win in litigation. In fact, only 10 percent of cases that go to litigation are resolved in favor of the plaintiff.
If the defense knows that your attorney is inexperienced in the courtroom, they may be more likely to stick to their guns in negotiations, refusing you the full compensation you deserve in the hopes that a judge or jury will decide they do not owe you anything at all. Having an experienced litigator on your side, on the other hand, can have the opposite effect. The defense may actually be more likely to settle, knowing that your attorney is prepared to fight aggressively for your interests in negotiation or litigation.
If you do end up having to go to trial, hope for your case to be heard in front of a judge, not a jury. Statistics suggest that for whatever reason, judges seem to award damages more often and at higher amounts that juries.
What Other Qualities Should You Look for in an Attorney?
In addition to having an excellent track record of success in negotiations and litigation, your personal injury attorney should have specific experience with the type of accident you had and the type of injury you sustained. This way, you know they will understand the law that pertains to liability in your case and the kinds of damages that are necessary to compensate for your injury.
Choose Fernando D. Vargas
After roughly 30 years of practicing personal injury law, Fernando D. Vargas has developed considerable expertise in all kinds of accidents and all areas of recovery. He has successfully secured compensation for his clients both in negotiation and litigation. To schedule a free case evaluation with attorney Vargas, please call 909-982-0707.
