There are no guarantees in life, minus a few often-quoted exceptions. That general rule extends to the field of personal injury law. If an attorney does guarantee you a result, that may be considered an ethical violation, and you should proceed with caution. While an attorney does not guarantee you a victory, that does not diminish the importance of hiring experienced representation. Claimants have contacted our office countless times after trying to handle the case themselves. They explain that they are unsure of how to handle depositions, discovery, motions, or the litigation process as a whole. The problem is, if you are contacting an attorney after your trial has already begun, it is too late. Personal injury cases involve multiple factors, such as evidence, liability, and negotiations with insurance companies.
There are tricky rules of evidence and civil procedure that can undermine your case before the trial begins. Moreover, various statutes of limitations may apply in addition to the standard statute of three years for a personal injury claim in Maryland or Washington, DC. A lawyer’s role is to guide clients through this often overwhelming process, using their understanding of the law to maximize compensation and protect their clients’ rights. And while the legal system is predictable, juries are not. Further, every case is unique in some way. This makes guaranteeing the outcome of a case impossible. However, there are steps an attorney can take to improve your probability of success. Below, we discuss the factors that influence whether you will be successful, the common misconceptions around hiring a personal injury attorney, our role in negotiating a settlement, and more.
Factors That Influence the Outcome of a Case
Countless factors influence the outcome of a case. Some of these factors will affect your case, whether you have an attorney or not. These factors include:
- Strength of evidence
- Witness testimony
- Liability and fault determination
- Insurance company’s stance
- Extent of damages
- Legal representation
- Jurisdictional laws
- Settlement negotiations
- Precedents and legal strategy
- Client’s actions
Common Misconceptions About Hiring a Lawyer
One of the most pervasive misconceptions about hiring a personal injury lawyer is that doing so guarantees a win in court or a large settlement. If you have a case where you are clearly at fault for the accident, logic and fairness dictate that you should not prevail. If you were guaranteed a win despite being at fault for the accident, that would be a systemic failure. Many people believe that the opposing side will immediately offer a substantial settlement once they hire a lawyer. However, the merits of your case are still of principal concern. If your case has no merit, the defense has no reason to settle immediately.
Another misconception is that all cases go to trial if you hire a lawyer. While we can go to trial, there is no guarantee that we will. We will advise you to accept or reject a settlement offer based on what is best for you. If we believe an offer on the table does not adequately represent your damages, we will advise that you reject the offer and continue negotiating. If we determine that the defense will not budge and has provided its best and final offer, only then will we advise you to provide authorization to file a suit against the defendant. We discuss how our attorneys handle settlement negotiations in the section below.
The Lawyer’s Role in Negotiating Settlements
From the start, our lawyers work to understand the full extent of your injuries and damages. We compile comprehensive evidence, such as medical records, accident reports, and witness statements, to present a strong case to the opposing party. Even if you are an expert negotiator in your own right, having a personal injury lawyer on your team matters for a few crucial reasons. First, a personal injury lawyer who has thousands of cases under his belt can value your case better than almost anyone else.
That is critical during a negotiation. Not just understanding the value so you do not settle for less than your case is worth, but understanding precisely why it holds that value. Then, being able to communicate that to the opposing party falls under the lawyer’s jurisdiction. Second, the role of an attorney in negotiating settlements is to possess the leverage of a lawsuit if the defense is uncooperative.
The Insurance Company’s Motivation to Settle
An insurance company has one incentive to settle with a layperson unrepresented by an attorney. That incentive is to settle the case before a lawyer gets involved and negotiates for more money. That is the primary reason why they are negotiating with you at all. They negotiate with an attorney representing you because of the threat of litigation. While litigating a case does carry some expenses for a plaintiff, it also carries expenses for the insurance company. The insurance company’s goal is to maximize profits, which means minimizing how much they pay on a claim.
Accordingly, the last thing they want to do is pay an expensive defense attorney for a trial when they already know they have a losing case. However, they are willing to bet on their attorney, who knows the rules of evidence, civil procedure, and tort law, against a pro se litigant who never hired an attorney. That calculation fits their goals and starkly distinguishes the lawyer’s role versus the unrepresented claimant.
When Going to Court Is Necessary
While most personal injury cases settle out of court, there are times when going to trial is unavoidable if you want to recover fair compensation for your damages. Sometimes, going to court is unnecessary, but we will do it anyway. This happens when a plaintiff chooses to go to trial for a more tangible justice than allowing the defendant to cop out via a settlement. Sometimes, a claimant cares more about seeing the defendant admit they made a mistake than anything else. That is the exception and not the norm. Then, there are two times when going to court is necessary. This is true whether you hire a lawyer or not.
The first moment is when the defense or insurer will not budge on their best and final offer. While a lawyer is good at increasing that final offer, every insurer has its limits on what it is willing to offer in advance of trial. The second moment is if the insurer outright denies liability. Sometimes, a client will come to us and say their claim is denied. However, we hear and believe potential clients when they say what happened. Then, we take your case on and speak to the insurer. Sometimes, we can convince the insurer over the phone or in person that our version of events is correct and proves liability. Other times, the insurer still does not buy the story, and we must move forward to trial.
Contact Our Office for a Free Consultation
The attorneys at Gelb & Gelb have been practicing personal injury law in Washington, DC, and Maryland for over 70 years. Since our founding, we have resolved several thousand cases for clients. We have learned that hiring a personal injury lawyer does not guarantee a win. But while there is no guarantee of success, it significantly improves your odds of recovery.
Call our office today for a free consultation at (202) 331-7227.
