The Importance of Experience in Personal Injury Law

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erikalynne711

Ever been in an auto accident and thought… “I can do this on my own!”

The truth is, most people view a personal injury lawyer as just another bill to pay. Sure, insurance companies may be worth negotiating with, they reason, but I don’t need to shell out thousands for a lawyer.

Here’s what they don’t know:

The statistics are almost unbelievably one-sided against them. It’s costing them thousands in compensation.

What you’ll learn:

  • Why Experience Changes Everything In Personal Injury Cases
  • The Numbers Don’t Lie: Experience vs No Experience
  • What Makes an Experienced Personal Injury Attorney Different?
  • How To Find The Right Attorney For Your Case

Why Experience Changes Everything In Personal Injury Cases

Did you know that 91% of people with an experienced attorney receive a settlement payout? Compared to only 51% of those without representation.

Ninety-one to fifty-one? Almost two to one.

But it gets even more stark from there… Those with a lawyer enjoy payout amounts nearly three times higher than those without representation.

Think about that for a minute.

You might be leaving serious money on the table by trying to take your case to court yourself. That’s exactly why working with a trusted personal injury firm can make a MASSIVE difference in your outcome.

Insurance companies aren’t charities. They have teams of experienced adjusters and lawyers working for them whose entire job is to pay you as little as possible.

Put someone with zero experience in these areas up against them?

It’s a stacked deck.

The Numbers Don’t Lie: Experience vs No Experience

It’s one thing to know what generally happens when people take cases to trial.

But what happens to the cases that go to trial? Let’s dig into the numbers.

Statistics show that plaintiffs in personal injury cases that go to trial have just over a 50% success rate.

Pretty good, right? But…

This number varies drastically depending on the type of case and the attorney’s experience.

Auto accident cases have the highest success rate, coming in at 61%. Medical malpractice cases? Only 19%.

Why such a large disparity?

Medical malpractice cases are astronomically more complex than most auto accident or slip and fall cases. They require attorneys who are not only comfortable with but also understand medical terminology and testing. Medical experts must also be on hand to help with different aspects of a case to provide explanations that can be understood by non-medical personnel such as a jury.

But here’s something most people miss…

The best outcome almost always happens BEFORE trial. It’s been estimated that about 95% of personal injury cases settle before ever stepping foot in a courtroom. This is where an experienced attorney really shines.

An experienced attorney will know how to:

  • Accurately value a case
  • Identify what evidence insurance companies care about (and which they do not)
  • Push for more money
  • Know when a settlement offer is fair

Without this insight and knowledge, a claimant will almost always accept a lowball offer simply because they don’t know any better.

What Makes an Experienced Personal Injury Attorney Different?

Experience isn’t just the number of years someone’s been practicing law.

Experience is the learning they have done during that time. An experienced personal injury attorney has seen hundreds (if not thousands) of cases just like yours.

They’ve negotiated with the same insurance companies you are and know the adjusters on a first name basis. They are familiar with the tactics these companies use to avoid paying out or drastically minimizing the amount.

Here’s what this experience buys someone:

They Know How To Build Your Case

Evidence collection is part and parcel of any personal injury case. You would be forgiven for thinking it’s a no-brainer… But there are certain evidence pieces that a more experienced attorney will know are the most important to have.

They have experience in:

  • Knowing which medical records are the most important to get
  • Accurately documenting pain and suffering
  • Identifying which expert witnesses bring real value
  • Knowing how to present your story in a compelling way

All this knowledge is gained through trial and error. By seeing what worked in a negotiation and what flopped in front of a jury.

They Can Accurately Value Claims

One of the biggest mistakes made in injury claims is undervaluing the case.

A claimant may believe their case is worth $10,000 when it’s really worth $50,000. Or they may overvalue a claim and end up with nothing because they refuse to accept a “fair” settlement offer.

An experienced attorney has seen a variety of similar cases come and go. They have a good idea of what juries award and a sense for how different factors play into settlement amounts.

This experience is vital in knowing how to negotiate.

They Understand Legal Strategy

Personal injury law isn’t just showing up in court. Filing paperwork, serving papers, and the like are all important.

But the strategy surrounding personal injury lawsuits are what can make or break a case.

Timing is everything. Knowing when to file a lawsuit. The jurisdiction can make a difference. Figuring out if settling or pushing for a jury trial will get the best result.

These are all important strategic decisions that only come with experience.

They Have Relationships That Matter

Oh, this may sound minor…

But experienced attorneys have relationships with other lawyers, judges, insurance adjusters, medical experts, and court staff.

These relationships can make a difference in the speed with which a case moves and how smoothly negotiations happen. It opens the door to better expert witnesses.

Less experienced attorneys simply don’t have these relationships yet.

But it means that everything will happen a lot slower.

How To Find The Right Attorney For Your Case

Not all experienced attorneys are created equal.

An attorney with 20 years of experience but all in criminal law isn’t going to help much in a personal injury claim. The experience needs to be relevant.

Here’s what to look for:

Specialization Matters

Attorneys that specialize in personal injury law will have the most experience in this field. Even better if they specialize in the same type of case someone has.

Involved in a car accident? Seek out an attorney with a large volume of car accident cases. Medical malpractice case? Look for a medical malpractice attorney.

General practice attorneys might be well-experienced… But they won’t have the specific, deep knowledge of a specialist.

Track Record of Results

Ask an attorney about their past settlements and verdicts. A good attorney will be happy to discuss their success rate and expected outcomes.

A bad attorney will be vague or refuse to share any information about results.

This is a red flag.

Communication Style

Nothing is more frustrating than an attorney who can’t communicate.

During the consultation period, pay attention to:

  • Do they explain things in a way that is easily understood?
  • Do they listen to concerns?
  • Do they return calls in a reasonable time?
  • Do they put you at ease?

Personal injury cases can take months, if not years, to resolve. Working with someone that communicates well makes the entire process much less stressful.

Fee Structure

Most personal injury attorneys work on a contingency fee basis. This means they only get paid if they win the case.

Ask about:

  • What percentage do they take
  • Who is responsible for court costs in the event of a loss
  • Are there any up-front fees?

Get everything in writing before signing any contracts.

Wrap Up

Personal injury law is a complex field.

Insurance companies have experienced teams working against you. Taking them on without an experienced attorney of your own is like going into battle against the odds.

The statistics speak for themselves. The numbers are overwhelming in favor of those who work with experienced attorneys. Almost twice the likelihood of a settlement. Settlements that are nearly three times higher.

Experience? Absolutely 100% worth it.

Finding the right attorney can be as simple as looking for the most relevant experience, a solid track record of results, and a communication style you are comfortable with.

It’s your one chance to get the money you deserve.

Make it count by working with someone with the experience to help you get the best possible outcome.