Most personal injury cases in Wisconsin settle before reaching a courtroom. So, it’s fair to ask: why does it matter if your lawyer is a “trial lawyer”?
The answer is simple. The strength of your case at the negotiation table is directly tied to your lawyer’s ability and willingness to try it in court.
Settlement Value Is Driven by Trial Risk
Insurance companies evaluate claims based on risk. One of the biggest risks they consider is this:
Will this case actually go to trial, and could we lose?
If your attorney has a reputation for preparing cases thoroughly and taking them to trial when necessary, insurers are far more likely to:
- Take your claim seriously
- Offer fair value earlier
- Avoid lowball settlement tactics
On the other hand, if your lawyer rarely (or never) tries cases and does not want to go to trial, the insurance company knows the pressure to settle is on you, not them.
Trial Lawyers Build Stronger Cases From Day One
A trial lawyer approaches your claim as if it may ultimately be decided by a jury. That mindset changes everything.
They are more likely to:
- Develop persuasive evidence early
- Work with qualified expert witnesses
- Fully document future medical needs and damages
- Anticipate and counter defense arguments
- Have all evidence and claims fully prepared as if they are going to trial, enhancing the risk of trial for the insurance company
A well-prepared case is critical to protecting your claim’s value.
The Willingness to Litigate Changes Negotiations
Filing a lawsuit doesn’t mean your case will go to trial, but it does change the leverage.
Once litigation begins, the process includes:
- Discovery (exchange of evidence and depositions)
- Motions and court hearings
- Mediation or settlement conferences
This process signals to the insurance company that your attorney is serious. Many cases resolve during litigation, but often at a higher value than pre-suit offers.
The Bottom Line
You may never step into a courtroom, but your lawyer’s ability to do so can make a meaningful difference in your case.
A trial lawyer brings:
- Stronger case preparation
- Greater negotiating leverage
- Increased credibility with insurers
- A willingness to pursue full and fair compensation
In personal injury claims, the trial-ready cases are often those that settle with the best possible outcome. Choosing the right attorney isn’t just about handling paperwork; it’s about putting yourself in the strongest possible position from the start. If you or someone you know has been injured in a Wisconsin personal injury accident, contact Doar, Drill & Skow today for a free personal injury consultation.
