Most personal injury cases never reach a jury. According to data compiled by the technology company Rev, only around 4% of tort cases are handled through trials, and the vast majority of these cases are resolved through settlements. Because of this, many personal injury attorneys spend their careers negotiating with insurance adjusters, and they rarely, if ever, argue cases in front of juries.
That reality creates an important question for law firms that are hiring personal injury lawyers. Should a firm look for an attorney with a strong trial record, or one who has a long history of successful settlements? The answer may depend on the firm’s goals, its caseload, and the clients it serves. Hiring a person who is the wrong fit for a firm can lead to lower settlements, frustrated clients, and costly turnover.
Why the Right Attorney Makes a Difference in Personal Injury Cases
A personal injury firm’s success depends on the people who handle its cases. An attorney with the right experience will have knowledge about how injury claims are valued, skill in building evidence, and the confidence to push back when an insurer makes a low offer.
In addition, the best personal injury attorneys will provide compassionate representation for clients. They understand that injury victims are often dealing with pain, lost wages, and medical bills, and they will stay focused on achieving results that will help those clients move forward. When a firm hires an attorney with a background that matches its clients’ needs, injury victims will receive stronger advocacy, and the firm can build a reputation for getting results.
Understanding the Difference Between Trial and Settlement Experience
What Settlement Experience Looks Like
An attorney with experience negotiating settlements will usually excel at pre-litigation work. This includes gathering medical records, preparing demand letters, calculating damages, and negotiating with adjusters. These attorneys often manage large caseloads efficiently.
Attorneys will need to keep clients informed and communicate settlement offers to them promptly. The client, not the attorney, will have the final say on whether to accept a settlement. A skilled negotiator will explain offers clearly so clients can make informed decisions.
What Trial Experience Looks Like
An attorney who has experience handling personal injury trials will have taken cases through discovery, motion practice, jury selection, and verdicts. They will know how to depose witnesses, follow the proper procedural rules, handle disputes related to evidence, and present a case in a way a jury can understand.
Trial work also requires managing multiple types of deadlines set by the court. Because missing deadlines can seriously harm a case, an attorney will need to be able to manage work efficiently and file documents within the proper time periods.
Why Insurance Companies Pay Attention to an Attorney’s Experience
Insurance companies track which attorneys are willing to go to trial. A person who is known for settling every case may receive lower offers, because insurers know that there is little risk of a jury verdict. However, a lawyer with a credible trial record may have more leverage at the negotiating table, even in cases that ultimately settle.
Reviewing an Attorney’s Case History
A careful review of a candidate’s previous cases can help a firm see more than what is listed on their resume. They can look at the following areas:
- Trials to Verdict: How many cases has the attorney tried to a jury verdict rather than simply being set for trial?
- First-Chair Versus Second-Chair Roles: Assisting during a trial can provide a person with valuable experience, but leading a trial will require different skills. It is important to understand a candidate’s exact role in the cases they have handled.
- Types of Cases: A history of minor car accident claims differs from experience with trucking accidents, medical malpractice, or wrongful death cases.
- Motion Practice: Does the attorney have experience opposing summary judgment motions and arguing pretrial motions?
- Settlement Outcomes and Timing: How long did a person’s cases typically take to resolve, and how did the results compare to the initial offers?
- Caseload Size: An attorney who has handled 150 pre-litigation files is likely to work differently than a person who has handled 30 cases in active litigation.
Verifying Information About a Candidate
Jury verdicts are usually part of the public record, so firms can confirm trial results through court dockets and verdict reporting services. References from former colleagues and opposing counsel can also provide useful insight.
Matching a Candidate’s Experience to a Law Firm’s Business Model
Consider two different firms. The first is a high-volume practice that resolves most cases through settlement negotiations. This firm may benefit most from an attorney who negotiates efficiently and can manage many files at once. The second firm handles fewer cases involving catastrophic injuries, and it regularly takes cases to trial. This firm will need an attorney who can prepare a case for a jury from the very first day.
Many firms will need both types of attorneys. A firm might pair a settlement-focused attorney with a seasoned trial attorney, ensuring that cases that do not settle can move smoothly into litigation. It is also important to think about growth. A younger attorney with strong second-chair experience may be ready to develop into a lead trial attorney with the right mentorship.
How a Staffing Agency Can Help a Law Firm Find the Right Personal Injury Lawyer
Finding the right attorney takes time, and many firms do not have the resources to perform extensive searches while also serving clients. A legal staffing agency can make the process easier in several ways:
- Access to a Wider Pool of Candidates: An agency will know which attorneys are open to moving to new positions but who may not be actively applying for jobs.
- Initial Screening: Recruiters can review candidates’ case histories, confirm their trial experience, and identify people with the backgrounds that fit a firm’s needs.
- Understanding the Firm’s Goals: An agency can take time to learn whether a firm needs a trial attorney, a negotiator, or both.
- Confidential Searches: An agency can help a firm search for new attorneys without publicly announcing an open position.
- Flexible Staffing Options: An agency may work with a firm to hire temporary attorneys or contract attorneys or take steps to make permanent additions to a law firm’s team.
By working with an agency, a firm’s leadership can focus on interviewing the strongest candidates rather than sorting through hundreds of resumes.
Finding the Right Personal Injury Lawyer
Attorneys with trial experience and settlement experience can bring value to a personal injury firm. During the hiring process, a firm will need to carefully review each candidate’s case history while confirming that they will be a good fit for the position. Clients who have been injured because of negligence deserve strong representation, and that starts with hiring the right attorney. A staffing agency can help a firm build a team of attorneys who will be able to deliver the results clients deserve.
