Why You Need a Trial Attorney, Not Just a Settlement Lawyer
In the world of personal injury law, not all attorneys are created equal. There is a fundamental distinction that insurance companies are acutely aware of, even if the general public is not: the difference between a "settlement lawyer" and a true "trial attorney."
The "Settlement Mill" Business Model
Many personal injury firms operate on volume. Their business model is built on signing up as many cases as possible and settling them quickly for whatever the insurance company offers first or second. These firms often have no intention of ever stepping foot in a courtroom.
Insurance adjusters keep detailed records on attorneys. They know exactly which lawyers will fold and accept a lowball offer to avoid trial, and which ones are willing to fight all the way to a verdict. If you hire a lawyer known for settling, the insurance company has no incentive to offer you top dollar. They know your threat of a lawsuit is empty.
The Insurance Company's Calculus
"Does this attorney have a history of taking cases to verdict?" If the answer is no, the value of your case automatically drops. They are pricing in the certainty that they won't have to pay for a defense team or risk a jury award.
The Trial Attorney Advantage
A trial attorney prepares every case as if it is going to trial from Day 1. This rigorous preparation signals to the insurance company that you are serious. It involves:
- Thorough Investigation: Going beyond the police report to find witnesses, surveillance footage, and expert analysis.
- Expert Testimony: Retaining medical experts, accident reconstructionists, and economists to prove the full extent of your damages.
- Mock Trials: Testing arguments and evidence before focus groups to refine the case strategy.
Why It Matters for Your Compensation
The only thing that forces an insurance company to pay fair value is the fear of a jury verdict. When they know your attorney is capable of winning a large judgment in court, their settlement offers increase significantly to avoid that risk.
At the Law Offices of Adam C. Phillips, we are trial attorneys first. We don't look for the quick exit; we look for the just result. Whether that comes through a fair settlement or a jury verdict, our readiness to fight is your greatest leverage.