Vancouver Personal Injury Lawyer, injury claim lawyer, and ICBC Lawyers specializing in Vancouver ICBC claims

The Importance of Your Law Firm’s Ability and Willingness to Go To Trial

When hiring a law firm in a motor vehicle accident case, it is vitally important that the firm you hire is both able to go to trial – i.e., has the resources to do so – and is willing to go to trial to fight for you if necessary.

Why Some Personal Injury Law Firms Avoid Trial

Trials are expensive to run.   When you hire a lawyer on a contingency fee agreement, such as at Simpson Thomas & Associates, your law firm will cover all of the litigation expenses, and not receive a fee, until after judgment is obtained.    Tens of thousands of dollars may need to be spent to present your case properly to the court, particularly as the opponent in motor vehicle accident injury claims – i.e., insurance companies – have very deep pockets.  Your law firm needs to have the financial resources to go “toe-to-toe” with the insurance company throughout your claim, and all the way into a trial if necessary.

Why Going to Trial is Important in Personal Injury Law

When your law firm has a reputation for taking cases to trial, particularly where they take difficult cases to trial, insurance companies will typically offer more money, as they know that, if they do not, the case will go to trial, and become more expensive for them to defend.

This does not mean that your law firm needs to have “won” every case they took to trial.  Indeed, law firms or lawyers that promote the fact that they “win” every case at trial are most likely staying away from taking difficult cases to trial for fear of tarnishing their record.   A law  firm or lawyer who truly is willing to go to trial for you will not back down even in very difficult circumstances.   The issue for you to consider when hiring a law firm is whether that law firm will be willing and able to take your case all the way to trial if necessary.   If you have a very strong case, this benefits you, as the insurance company will know they have to be fair on it, and will pay reasonable compensation to avoid court.   If you have a very difficult case, this also benefits you, as the insurance company will know that your law firm or lawyer will fight it.

When your law firm has a reputation for taking cases to trial, the insurance company is much more amenable to settling for a fair figure.   Thus, most of the cases will in fact be settled.   Law firms cannot publish the results of those settlements, but you can be assured that, if the law firm  is someone who is willing and able to go to trial, that those settlements were fair and reasonable.

At Simpson Thomas & Associates, we have the financial resources, the personnel, and the willingness to take your case to trial if necessary.   Indeed, we have taken on very difficult cases from other law firms who did not wish to proceed with them and have obtained very high judgments in some of those cases.

It is very important that your lawyer be willing and able to go to court when necessary to obtain fair compensation for your claim.  We believe that our reputation in this regard results in higher pre-trial settlements for our clients.  It also allows you, as a client, to be confident about our advice with respect to what your case may be worth in court, which allows you to make an informed decision as to whether the offer from the insurance company is a fair one.   In the event the case does have to go to trial, our extensive trial experience also ensures that you, as a client, can be confident that the case presented to the court will be as powerful as it can be.


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