TRIALS | SETTLEMENTS | LOWBALL OFFERS | EXPECTATIONS

Most personal injury cases never reach trial. Instead, they are resolved through negotiation and settlement. However, knowing what to expect in both scenarios is critical, because the way your case is prepared influences the outcome. However, any lawyer that tells you up front what the case is worth is lying. There is no way of knowing on day 1, how long it will take you to recover; what your past and future medical bills will be; whether there will be a loss of earnings etc.



Insurance companies often begin with lowball offers. Even with significant medical bills and strong liability, their first settlement proposal may not even cover your expenses. We see cases with $6,000 in medicals and the insurance company offers $9,000. Based on this there will be little, if any, money for the victim. This offer is not by accident; it is a strategy. Adjusters are graded on how much money they save their company, and the less they pay you, the better they look. It is common to see offers far below the value of the case, forcing victims into difficult decisions.

As experienced trial attorneys, we combat this by presenting a comprehensive demand package: medical records, bills, photographs, witness statements, and a detailed narrative of your past and future suffering and losses. By preparing every case as if it were going to trial, we signal seriousness and readiness. This often pushes insurers toward fairer settlements.

If negotiation fails, litigation begins. Once a lawsuit is filed, the case enters discovery—where both sides exchange information, take depositions, and prepares for court. Litigation is costly and time-consuming. Doctors must testify, often charging many thousands of dollars per day. I even had a doctor charge me $3,500 to speak to me for 15 minutes over the phone. Expert witnesses may be needed to reconstruct accidents, or evaluate long-term medical care. These expenses make it impractical to litigate smaller cases, especially those involving only soft tissue injuries.

At trial, one surprising rule is that you cannot mention the word insurance. Jurors are left to believe you are suing the defendant personally, rather than their insurer. This can create sympathy for the defendant, which insurers count on. Additionally, recent legal precedents limit what medical bills can be presented to juries, further complicating recovery.

Alternative dispute resolution methods—such as mediation or arbitration—are often used to avoid the expense and uncertainty of trial. In mediation, a neutral third party facilitates negotiations. In arbitration, a judge or retired attorney, decides the case without a jury. Both can save time and money, though outcomes may still vary.

Throughout the process, patience is essential. Trials can take years, especially with courts still facing backlogs from COVID-19. Memories fade, evidence weakens, and stress builds. But having an attorney who prepares meticulously ensures your case is always positioned from strength.

The bottom line: insurance companies count on your accepting less than you deserve. By standing firm, documenting everything, and working with an experienced trial lawyer, you maximize the chance of a fair outcome—whether through settlement, arbitration, mediation, or trial.