Were you seriously injured but are concerned about facing a judge and jury? Watch this video to learn how avoiding trial can hurt your settlement.
Will I have to go trial for my personal injury case?
A client just recently told me that they wanted to avoid going to trial for their personal injury case. They did not want to be in a court room in front of a judge and a jury. Here’s the advice that I gave them. The best way to avoid a trial is number one, to ensure that the other side never knows that you’re afraid to go to trial. Number two, to prepare your case as if it is going to go to trial and to ensure that we’ve put pieces in place that make the other side scared to go to trial.
Both sides approach these things by looking for leverage points. If a qualified defense lawyer who knows what they’re doing detects that you’re scared to go to trial, then they’re going to try to force you to take a minimal settlement, or they’ll try to force you to walk away and not to go to court.
The reality is the other side needs to understand that you are willing to go to trial from day one, and that you want to go to trial from day one, whether that’s true or not. They need to understand that the lawyers that you’ve got know how to try a case, are successful in trying cases, and will take your case to trial no matter what. This will start forcing them to put settlement offers on the table. It is your decision as to whether or not to take any given settlement offer. A lawyer is not allowed to make those decisions without your input. If the other side makes an offer and you instruct your lawyer to take it, they’re ethically obligated to take it, upon your instruction and full advice.
No lawyer can ever force you to go to trial. You’ve got the right to drop a lawsuit if you choose to. The lawyer should advise you what consequences there are with that. You’re also allowed to take any settlement offer that’s made. No lawyer can prevent you from doing that. What I advise every client is the most effective way to get a reasonable and fair offer put on the table is to convince the other side that you’re prepared to go to trial no matter what, and then for us to work that case up to where they understand what the risk is that they’ve got if they force it in front of a jury.
Were you or a loved one seriously injured in an accident in Florida and have questions about avoiding trial?
Contact our experienced Jacksonville personal injury attorneys at Edwards & Ragatz, P.A. today for a free no obligation consultation and case evaluation.
Let our years of experience work for you.
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