There is no easy formula for success in personal injury litigation. A variety of factors — some predictable, others unpredictable — can influence whether you are able to secure a favorable result, whether through a trial verdict or pre-trial settlement negotiation. To a significant degree, then, maximizing one’s likelihood of success depends on identifying the relevant factors and executing a case strategy that takes advantage of the opportunities unique to the situation at-hand.
Despite the fact that there is so much variation from case-to-case, it’s reasonable to say that your attorney’s “trial readiness” will give you a substantial competitive advantage when it comes to litigating nearly any personal injury claim.
Let’s take a closer look.
Many personal injury firms base their business on a high volume of customers. They are looking to invest the minimum amount of time, attention, and resources into each client necessary to secure a “win,” typically through a settlement negotiation with the defendant. Though this may be effective for securing something of a recovery, in many cases, you may be compensated inadequately. These high volume firms do not necessarily have substantial experience trying cases to conclusion, and insurers (and defense counsel) recognize this deficiency — the defendant knows that they have leverage in settlement negotiations, since the plaintiff’s counsel may not be able to effectively argue the case at trial.
Here at Cross & Smith, we are battle-tested litigators who are comfortable advocating on behalf of clients in high-conflict courtroom settings. From the very beginning of our engagement with a client, we prepare for the possibility of trial. The fact that we are ready, able, and willing to pursue the case all the way to trial ensures that the defendant must take your claims seriously. We gain significant negotiating leverage, and if negotiations do not lead to a favorable settlement, we are well-positioned to push for a win at trial.
If you have been injured in an accident due to the fault of another party in Alabama, then you may have a right of action against the defendant for damages.
When litigating a personal injury claim, it’s important that you work with a team of attorneys who have demonstrated experience navigating through the courtroom trenches and who understand how to effectively secure a result at every stage of the dispute — your lawsuit may not progress in a way that is truly predictable. As such, your attorney must be capable of effectively handling your case in the event that trial litigation becomes necessary.
Here at Cross & Smith, our attorneys have decades of experience working with clients to secure favorable results both in and out of the courtroom. Over the years, we have obtained numerous settlements and trial verdicts on behalf of injured clients, ensuring that they can move forward with their lives.
"After my husband was injured in a burn accident at work, we felt the accident could have been avoided. I was not sure where to start, but after careful research, we met with Justin Smith and shared our experience. From day one, we felt we were in good hands. Justin and Dell explained everything and kept us informed from start to finish. It was a complicated case that took an outside the box approach. Both Justin and Dell made us feel like part of the team."
Posted By: Rhonda Moore