Why “trial readiness” gets you a bigger settlement

It is true that the large majority of injury cases settle before trial. It is also true that the firms with the best settlements are the ones most willing to try the case. Those two facts are not a contradiction — one causes the other.

Insurers and corporate defendants track which firms actually take cases to verdict and which always fold. When a firm has a record of winning at trial, the defense values its cases higher, because the risk of losing in front of a jury is real. A firm that never tries cases is, in effect, negotiating with a weak hand the other side can see.

When you choose a lawyer, ask a direct question: when did you last try a case to verdict, and what happened? The answer tells you a great deal about the offers you can expect.