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If I Hire a Personal Injury Attorney, Will I Have to Go to Court?

November 10, 2023
Personal Injury Law

If you’ve been involved in a car crash in Denver, and you’re contemplating legal action, it’s perfectly natural to feel a tinge of court-related anxiety. As the head of a dedicated boutique personal injury law firm here in the Mile-High City, I spend a significant amount of time reassuring clients that the journey towards fair compensation doesn’t necessarily involve a dramatic courtroom showdown.

The fact is, most personal injury lawsuits related to car accidents are resolved long before the prospect of a trial becomes reality. But—and this is a big but—that doesn’t diminish the importance of having an attorney who is fully prepared to take your case to the ends of justice, should the need arise. Let me explain.

Why Most Colorado Car Crash Cases Settle Out of Court

Settling a personal injury case outside of court

Firstly, let’s address the central concern: the likelihood of your case going to trial. Statistically, it’s quite rare. The vast majority of personal injury claims are settled out of court. This is because trials are expensive, time-consuming, and unpredictable.

Insurance companies, much like individuals, prefer to avoid the uncertainty of a jury verdict, which can end up higher than the original claim. There’s also a matter of public relations and the costs associated with prolonged litigation. So, they are often inclined to settle, if the claim is reasonable and backed by solid evidence.

Another factor is the emotional and physical toll a trial can take on all parties involved. Legal battles are stressful and draining. When you’re recovering from an injury, your energy should be focused on healing, not on legal strife. Therefore, settlement becomes a more appealing path for resolution.

The Importance of Trial-Ready Representation

Judge with a gavel in a Colorado personal injury case

Now, you might be thinking, “If my case is unlikely to go to trial, why do I need an attorney ready to go that distance?” Here’s the crucial part: The best settlements are typically the byproduct of a case that is meticulously prepared for trial.

When your attorney gathers comprehensive evidence, secures expert testimony, and demonstrates a readiness to litigate with conviction, it sends a powerful message to the opposition. It shows that you mean business and that you’re not going to settle for less than what your case is truly worth.

Attorneys who prepare cases for trial ensure that all the medical care, documentation, and professional evaluations are done with the utmost rigor. This not only prepares you for the possibility of trial but also bolsters the strength of your claim during negotiations.

If the opposing side knows your lawyer has done the due diligence and is ready to present a compelling case in court, they are more likely to offer a fair settlement to avoid the risks of a trial.

Why Experience with Colorado Litigation Matters

Lawyer in litigation for a Colorado personal injury case

This brings us to the pivotal aspect of choosing your representation. Many personal injury firms operate on a volume-based approach, where they handle a high number of cases with the intention of settling them quickly.

This method can work efficiently for them, but it might not always result in the best outcome for you, the client. It’s vital to have an attorney who not only has the skillset but also the willingness to take your case through the trenches of litigation, if necessary.

Yes, going to court is expensive. Yes, it’s time-intensive. However, should your case be the one that needs to stand the test of a courtroom, you want a lawyer by your side who isn’t looking for the easy way out.

Someone who isn’t intimidated by the prospect of a trial and who has a track record of achieving successful outcomes both at the negotiation table and in the courtroom.

That level of commitment and expertise can make all the difference.

Making the Right Choice for Your Case

The O'Sullivan Law Firm are personal injury attorneys that can help after a car accident in Colorado

When you’re looking for a personal injury attorney after a car crash, ask about their litigation experience. Enquire about the cases they’ve taken to trial and the outcomes. A good sign is a lawyer who is discerning about the cases they take on—indicating they give each client the personalized attention and fight they deserve.

Choosing a lawyer with the right blend of courtroom readiness and negotiation prowess can provide you with a sense of security. You’ll know that, no matter the direction your case takes, your representation is equipped to handle it with tenacity and expertise.

Remember, while most personal injury lawsuits after car accidents don’t go to trial, this statistical likelihood should not dictate the quality of representation you seek. Preparing each case with the attention and rigor of a trial-ready lawsuit maximizes your chances for a favorable settlement.

And in the event you need to go to trial, having a battle-seasoned attorney will be invaluable.

If you’re in Denver and you’ve been in a car or motorcycle crash, my firm stands ready to provide you with the friendly, professional, and robust representation you deserve. We are prepared to go the distance for you, offering personalized care without shying away from the courtroom if that’s what it takes.

I promise that we will work toward the best possible outcome for your case.

Want to learn more? Read our answers to common personal injury FAQs.


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