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Many people ask me whether or not their personal injury case will require a trial. Many cases
do not require going forward with a trial because many cases will settle short of a
trial. However, because in today's personal injury landscape insurance companies are becoming
increasingly stubborn and unreasonable, your attorney should take the approach that every
case is going to require a trial. Your attorney should take this approach because every insurance
company will index or keep statistics on attorneys, on whether or not they have a tendency to
settle a case or whether or not they have the brass to take your case to trial.
Your attorney should not be pigeonholed as an attorney that only settles. You want an
attorney who will keep the insurance companies on their heels, who will press at every instance,
and will leverage your case to a position of strength to make sure that you have all
of the options necessary.
In the end, you need to choose an attorney who has your interests at heart. You need
an attorney who is aggressive and practical. Once you have all of the options available
to you, you and your attorney will sit down and weigh the pros and cons of whether or
not it's in your best interest to settle your case or whether or not it's in your best interest
to ramp up and go through with trial.