The lawyer you choose to handle your personal injury claim can make or break the outcome of your case. It’s important to know that not all personal injury lawyers are created equal, as their approaches differ in strategy, experience, and results. While every personal injury lawyer can file a claim, only a personal injury trial lawyer has the courtroom experience and litigation skills to take your case to trial if negotiations fail.
Some personal injury firms are considered “settlement mills,” prioritizing client turnover, being quick to settle, rather than pursuing a more favorable outcome. Insurance companies track which lawyers and firms avoid trial, exploiting that knowledge to pressure plaintiffs into accepting smaller settlements.
Unlike settlement-focused lawyers, personal injury trial lawyers build every case with the expectation that it will be tried in court. This strategic mindset shapes their approach: evidence is strong, negotiations are firm, and their client’s needs remain the highest priority. Trial lawyers are driven to secure the maximum compensation and ensure the defendant is held to the highest standard of accountability.
Any personal injury lawyer can help your case cross the finish line, personal injury lawyers with significant trial experience are built for the courtroom in addition to the conference room. Strengthen your case with a personal injury lawyer who has the experience to handle tough negotiations and achieve the results you deserve in or out of court.
The Skills that Set Trial Lawyers Apart
In California, thousands of personal injury lawsuits are filed each year. While most are settled out of court, that doesn’t mean they all should be. Understanding how to identify the skills of a lawyer who settles and one who tries cases can help ensure that you are not accepting less than your claim is worth.
Trial lawyers are known for their tenacity. Insurance companies know which lawyers have a history of trial successes and will not fold easily under pressure to settle. Access to immense resources, including access to expert witnesses and the ability to conduct private investigations, is the backbone of a trial lawyer’s ability to present a solid case. Perhaps most importantly, trial lawyers are also exceptional communicators. They know how to tell your story in a way that juries understand, helping them grasp the seriousness of your injury and its impact on your life.
Leading personal injury firms prioritize these proven trial skills, and Rodriguez & Associates is one of them. Our founder, Daniel Rodriguez, is an instructor of the Spence Storytelling Method and ensures all our lawyers are capable of effective client advocacy. Balancing a compassionate client-centered approach with our characteristic in-court relentlessness, our firm is proud to have a history of securing successful settlements and verdicts on behalf of our clients.
Why Trial Lawyers Achieve Better Results
Now that you know how to spot the difference between lawyers who settle and lawyers who can fight for you through tough negotiations or in a trial setting, here’s how working with a trial lawyer can give your case the leverage you need, whether you settle or proceed to trial:
- Reputation: Working with a well-known trial lawyer greatly increases your chances of a favorable settlement or successful verdict. Insurance companies take trial lawyers seriously, which influences the settlements they offer. This often means cases settle faster and at higher amounts, because the opposing team knows your lawyer is willing to and capable of arguing your case in court.
- Client Focus: Settlement lawyers may accept whatever claims they expect to settle quickly, but trial lawyers are more selective with the cases they take on. Because they aren’t stretched thin by a huge caseload, trial lawyers can work closely with clients, conduct extensive research, and dedicate quality resources to your case.
- Preparedness: Trial lawyers prepare every case with a tactical approach, compiling ample evidence, expert witnesses, and emotional impact statements to build an indisputable case. Trial lawyers know that being the most prepared plaintiff’s attorney in the room is essential to the success of your case.
Understanding the clear advantages a trial lawyer can bring to your case, it’s equally important to know which cases are most likely to go to trial.
Which Personal Injury Cases Go to Trial?
Although only about 2% of cases handled by trial lawyers actually go to court, their readiness to litigate makes a big difference. Insurance companies can tell when a lawyer is truly prepared to fight in court, and that often leads to higher settlements. This level of preparation is what distinguishes skilled trial lawyers from those who seek quick resolutions and shows that not all personal injury lawyers are equal.
A personal injury case may go to trial if:
- The defendant denies liability: If the negligent party refuses to accept responsibility for causing your injuries, the case will need to be tried by a judge and jury. In 2024, Rodriguez & Associates represented a young woman seriously injured in a severe trucking accident, in which the truck driver attempted to pass the blame to the victim. Our trial lawyers proved in court that the truck driver was at fault and secured a record $35 million verdict for the young woman.
- Multiple parties are involved: When multiple negligent parties are to blame, the complexities of shared liability may necessitate a trial. In some cases, one or more of the at-fault parties may settle while others decide to go to trial. Such was the case when our trial lawyers represented two women badly burned in a gas explosion. Some negligent parties chose to settle pre-trial, but the development company and their contractor had to be taken to court. In the end, Rodriguez & Associates recovered $73 million for the victims, the top verdict in Kern County history.
- A low settlement is offered: A case may proceed to trial when negotiations fail to result in fair compensation. In 2022, Rodriguez & Associates represented the family of a man tragically killed in a job site incident. Refusing to undervalue the man’s life, our attorneys negotiated tirelessly for a higher settlement and obtained an additional $1 million at trial.
These are the cases when a trial lawyer can make all the difference. Where settlement lawyers might fold, a trial lawyer is ready to fight for you in both negotiations and before a jury.
“Part of the reason we have such a good trial team is not only because we work well together, but because we share a common philosophy: first and foremost, the client.”
– Patrick Benitez, Litigation Director at Rodriguez & Associates
California Trial Lawyers Who Put Clients First
If you or a loved one has been seriously injured in an accident, trust the personal injury trial lawyers at Rodriguez & Associates to stand by your side. Our client-first philosophy guides everything we do. Known for handling California’s most sensitive cases, we understand how to support and guide you through the legal process, and we will never back down from insurance companies that would undervalue your suffering.
Not all personal injury lawyers can deliver the results you need. The trial lawyers at Rodriguez & Associates have recovered over $1 billion for our clients, each case outcome built on trust and relentless advocacy. Choose the firm that prepares every case for trial and will fight to secure your highest possible compensation.
Contact Rodriguez & Associates today to schedule a free consultation.