Stephen Schultz | August 17, 2024 | Personal Injury
When hiring a personal injury attorney in Missouri, you need to consider whether you want to hire an attorney or a trial attorney. In short, most of us think about trial lawyers or litigators when we think about attorneys. We envision what we see on television and in movies – an attorney aggressively arguing a case in court, making a compelling closing argument, and convincing the jurors to rule in favor of their client.
Trial attorneys are not as common as you might think. Most cases never go to trial. They are settled through mediation and private negotiations. Therefore, most cases are handled by attorneys instead of litigators. However, hiring a trial lawyer to handle your personal injury case has benefits.
How Do Attorneys and Trial Attorneys Handle Cases?
The primary difference between attorneys and trial attorneys is their objective for a case. Most attorneys seek to settle personal injury claims without going to trial. They develop strategies for settlement instead of preparing for court. In other words, they primarily handle claims vs. lawsuits.
Trial attorneys prepare for confrontation. They consider the best strategy to win the case in court. From the beginning of the case, a trial attorney is preparing for a court fight.
Trial attorneys do not turn down fair settlement offers but prepare the case as if they are going to trial. They do what is in the best interests of their clients.
What Skills Does a Good Trial Attorney Have?
Many trial attorneys concentrate their law practice on an area of law they are most familiar with, such as personal injury law. Some trial attorneys may narrow personal injury law to several types of cases, such as medical malpractice, product liability, car accidents, or premises liability.
Regardless of their area of practice, good trial attorneys share several skills, including:
- Investigating claims to gather evidence supporting their legal arguments
- A thorough understanding of the law, including statutes, case law, and legal theories
- Skillfully questioning witnesses during depositions and at trial to obtain information favorable to their case
- Preparing their clients and witnesses for testimony in court
- Understanding how to evaluate jurors to determine if they would be sympathetic to their client’s case
- Developing persuasive and dynamic opening and closing arguments
- Excellent communication skills and public speaking skills
- An ability to think critically during evolving situations in court and change strategies when necessary, which requires a high level of creativity and flexibility
- Attention to detail and meticulous preparation allow trial attorneys to anticipate potential problems and be prepared to handle them
- Thrive in adversarial settings and remain focused when facing challenging opposition
Trial attorneys are also well-versed in court rules, rules of evidence, and court procedures. However, they also know that the unwritten “rules of court” are crucial to winning a case. Trial attorneys are also great negotiators, but the skills of a trial attorney are developed with time and experience.
Also, some attorneys have personal qualities that make them great trial attorneys. A good trial attorney has empathy. They understand what their client has gone through and can make jurors feel empathy for the client. Trial attorneys have a high ethical standard, exhibiting integrity and honesty in all professional matters.
Why Should I Hire a Trial Attorney to Handle My Missouri Personal Injury Case?
There is a good reason to hire a trial attorney for your personal injury case – there is no guarantee you will receive a fair settlement offer for your case. If the insurance company refuses to pay a fair amount, you may need to file a lawsuit and take the case to trial. If so, you need an experienced trial attorney to argue the case.
Hiring a trial attorney upfront means your attorney is prepared for trial from the beginning of your case. Therefore, the insurance company may take the case more seriously.
Insurance companies review an attorney’s track record and know which attorneys always settle cases versus attorneys who are willing to take cases to trial to protect their clients’ best interests. Attorneys with successful track records of obtaining large verdicts in court increase the insurance company’s risk of taking a case to trial. Therefore, hiring a successful trial attorney can give you an advantage during settlement negotiations.
How Do You Choose the Best Trial Attorney for Your Personal Injury Case in Missouri?
When you review an attorney’s track record, look for trial verdicts in addition to settlements. The attorney may have very little trial experience if they do not list trial results. Ask the attorney how often they take cases to trial and when they last argued a case in court.
If you have questions about personal injury trials, call an attorney for a free consultation with an experienced trial attorney.
Contact Our Personal Injury Law Firm in St. Louis, MO
If you’ve been injured, please contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including St. Louis County and Boone County and we have offices in St. Louis, Ladue, Columbia, Creve Coeur.
Schultz & Myers Personal Injury Lawyers – St. Louis Office
1430 Washington Ave Ste 225
St. Louis, MO 63103
(314) 444-4444
Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr
St. Louis, MO 63124
Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502
Columbia, MO 65201
Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205
Creve Coeur, MO 63141
