Difference Between A Personal Injury Lawyer and a Trial Lawyer

Are All Personal Injury Lawyers Also Trial Lawyers?

Quick answer: No – not every personal injury lawyer is a trial lawyer. Many attorneys in this field focus on settling cases out of court and rarely (if ever) take a case to trial. This distinction is important for anyone seeking an injury lawyer after a serious accident. Below, we’ll explain the difference and why it matters. We’ll also show how Bourne Law Firm stands out as a trial-ready personal injury firm that doesn’t hesitate to go to court when justice demands it.

Personal Injury Lawyers vs. Trial Lawyers

A personal injury lawyer is any attorney who represents victims of accidents or negligence (car crashes, falls, medical malpractice, etc.) to recover compensation. A trial lawyer, in this context, is a personal injury attorney who not only negotiates settlements but is also willing and able to argue the case in front of a judge and jury. Not all personal injury lawyers are trial lawyers in practice. In fact, the vast majority of injury claims are resolved through settlements without ever reaching a courtroom.

Because most cases settle, some lawyers structure their entire practice around quick settlements. These attorneys may handle hundreds of cases at a time and aim to resolve each one as efficiently as possible. They often avoid filing lawsuits and steer clear of the courtroom. For them, going to trial is a last resort – or not an option at all.

So, are all personal injury lawyers also trial lawyers? No. Many personal injury attorneys never actually try a case before a jury. If you hire a lawyer who isn’t truly prepared to go to trial, they may be inclined to accept a fast (and potentially lower) settlement offer rather than fighting longer for a better result. Understanding this difference can have a big impact on your case.

Beware “Settlement Mills” and High-Volume Law Firms

Some personal injury firms operate as “settlement mills.” A settlement mill is an industry term for a high-volume law firm that focuses exclusively on settling cases and has little intention of taking cases to trial. These are often the large firms you might see on billboards and TV commercials. They invest heavily in advertising to sign up a high number of clients, and then they push those cases through the system quickly. Such firms specialize in quick and easy settlements and typically have no proven trial record.

Why would a law firm avoid trials? The simple reason is volume and profit. By settling cases quickly, they can collect their fees (often around one-third of the settlement) and move on to the next case. This assembly-line approach means less time spent on each client. Attorneys at settlement mills often rarely, if ever, step into a courtroom. They might even brag about how many cases they settle in a month. For them, a trial is risky and time-consuming – it’s something to be avoided in favor of a sure (if smaller) payout.

Who benefits from this approach? Largely, the law firm and the insurance companies. Insurance companies actually “love” settlement mill firms, because those firms consistently settle for lower amounts than a jury might award. It’s a predictable and profitable arrangement for both the volume-based lawyers and the insurers. The loser in this scenario can be the client – the injured person – who may not get full justice or full compensation for their injuries. A scholarly examination of high-volume injury firms noted that insurance carriers often get “attractive discounts on larger settlements for catastrophic injuries” with these firms, compared to what they’d likely pay if the case went to trial. In other words, for severe injuries, a settlement mill might settle the case cheaply relative to its true trial value.

Key Differences: High-Volume vs. Trial-Focused Firms

To summarize, here are some key differences between settlement-focused “billboard” firms and trial-focused personal injury firms:

• Case Volume vs. Personal Attention: High-volume firms take on a large number of cases and often delegate work to case managers or paralegals. Clients at these firms may feel like just a file number, and it’s common to have trouble even getting the attorney on the phone. In contrast, trial-focused lawyers usually limit their caseload and give each client individualized attention. At Bourne Law Firm, clients speak directly with the attorneys – no case managers, no file numbers, just personal attention.

• Quick Settlements vs. Maximizing Recovery: A settlement mill’s goal is to resolve cases quickly. They might accept the insurance company’s first reasonable offer to move on. This can mean leaving money on the table. A true trial lawyer will not settle for less than fair value. They prepare each case thoroughly, negotiate hard, and will only settle if the offer reflects full and fair compensation. If not, they are ready to escalate the fight (through litigation and trial) to maximize the client’s recovery.

• Willingness to Litigate: Settlement-focused firms avoid filing lawsuits whenever possible. In fact, they often settle without ever filing a court case, even if it means accepting a moderate sum. Trial attorneys, on the other hand, file suit and go through the full litigation process regularly. They build every case as if it could go before a jury. This reputation gets around – insurance companies know who will actually take a case to trial and who won’t.

• Reputation with Insurance Companies: Because insurers track attorneys’ records, they know which lawyers never go to trial. If your lawyer has a rep for settling everything, the insurer has little incentive to offer top dollar – they’re confident your lawyer will eventually recommend taking the settlement on the table. In fact, one legal analysis put it bluntly: “Attorneys that do not go to trial rarely see the highest settlement values because insurance companies know they will settle rather than go to trial.” On the flip side, if you have a known trial attorney representing you, the insurer will be wary. The threat of a trial – and the possibility of a large jury verdict – motivates the insurance company to offer a fair settlement. As one trial lawyer explains, “The more effectively you can convince an insurance company that they will have a higher chance of losing at trial, the better your settlement will be.”

In short, not all injury lawyers are equal. Some will fight for every last dollar and are ready to present your case to a jury, while others will aim for the path of least resistance. Next, let’s look at why having a trial-ready lawyer can make a big difference in the outcome of a personal injury claim.

Why Trial Experience Matters for Your Case

Having an attorney with actual trial experience (and a willingness to use it) can significantly impact your case – even if your case ultimately settles. Here are a few reasons trial experience translates to better results for clients:

Insurance companies are businesses; their goal is to pay as little as possible on each claim. They only settle to avoid the risk of paying more at trial. If your lawyer has a reputation for going to trial and winning, the insurer knows it can’t lowball you without risking a courtroom battle. A trial-ready attorney essentially forces the insurer to negotiate in good faith. On the other hand, if the insurer knows your lawyer never goes beyond letters and phone calls, they have much less reason to increase their offer. This is why cases handled by non-trial lawyers often settle for discounted amounts.

The credible threat of a trial is often the secret to a better settlement. When an insurance company believes that your lawyer is fully prepared to take the case to a jury, its evaluators will factor in the risk of losing at trial (or having to pay a big verdict). That usually prompts a higher settlement offer to avoid the uncertainty. Conversely, with a settlement-only lawyer, the insurer can make a low offer and expect it will eventually be accepted, since going to trial isn’t really on the table. Studies and legal experts have noted that insurance payouts tend to be significantly larger when a case is truly headed for trial, either via a settlement on the courthouse steps or a jury verdict, compared to early quick settlements of comparable claims.

Ability to Pursue Justice Through Verdict

Sometimes, an insurance company simply will not offer a fair amount (or may deny liability outright). In those situations, having a trial lawyer is crucial – because your attorney can take the case to a judge and jury to seek justice. If you’ve lost a loved one in a wrongful death case or suffered a permanent, catastrophic injury, a low settlement can be a second injustice. A trial attorney will be ready to file a lawsuit and let a jury decide the value of your losses if that’s what it takes. This willingness protects you, the client. It means you won’t be forced to accept an inadequate settlement. A court trial is a tool to hold negligent parties accountable when they (or their insurers) refuse to take responsibility.

Thorough Case Preparation

Lawyers who go to trial regularly tend to prepare cases differently. From day one, they’ll gather evidence, interview witnesses, consult experts, and develop legal strategies with an eye toward what will convince a jury. Even if your case never reaches the trial phase, this thorough preparation can lead to stronger evidence and leverage during settlement talks. In contrast, a lawyer who assumes the case will settle with minimal litigation might do the bare minimum – which can hurt your case’s value if negotiations stall. In essence, preparing for trial often leads to better outcomes, trial or not, because nothing catches the insurance company off-guard – they see you mean business.

In summary, trial experience matters because it directly affects how seriously the other side takes your claim. It can mean the difference between a middling settlement and a result that truly addresses your needs. Now, let’s consider a real example of a firm that embraces the trial approach – and how that benefits its clients.

Trial Lawyers Who Make a Difference: The Bourne Law Firm

One firm that exemplifies the qualities of a true trial-ready personal injury practice is Bourne Law Firm, based in Cumming, Georgia. The attorneys at Bourne Law (Elliot Bourne and Robert Bourne) are personal injury trial lawyers with decades of experience. Unlike many volume firms, we prepare every case as if it will go to trial, and we are not afraid of the courtroom. We are not a ‘settlement mill’ that churns out quick settlements. We are a trial law firm that prepares every case as if it is going to trial. We are not afraid to take a case to trial. This philosophy means that if you hire Bourne Law Firm, you have lawyers who will truly fight for you, even if it means presenting your case to a jury to secure justice.

Bourne Law’s trial expertise isn’t just talk – they have a track record of success in court. Over the past 30+ years (the firm was founded in 1990), the Bournes have tried numerous cases and even argued important appeals in Georgia’s higher courts. Their reputation as skilled trial attorneys actually helps many of their clients settle cases favorably before trial – because insurance companies know that if they don’t offer a fair settlement, Bourne Law will take them to court and win. This reputation and resolve can significantly increase the value of a case for the client. It’s the classic scenario of “prepare for the worst (trial), hope for the best (settlement)” – by preparing for the “worst,” Bourne Law consistently achieves some of the best outcomes for injured people.