Kenny Habetz Injury Law | February 28, 2024 | Personal Injury

Many injury cases are settled without going to trial. However, a litigation lawyer will take the case to trial if the at-fault parties refuse to negotiate a fair settlement. 

A skilled litigation lawyer knows when it is time to walk away from the negotiating table and take the case to a jury. Litigation lawyers negotiate with insurance companies for fair settlements. They use various strategies to encourage the insurance company to increase the settlement amount, including filing a personal injury lawsuit.

The threat of losing in court can motivate an insurance company to agree to a fair settlement. Therefore, hiring a litigation attorney can give you an advantage.

A judge or jury decides a lawsuit. They must believe there is a greater than 50% chance the other party caused your injury. Therefore, you need strong evidence to prove your case. However, the stronger your case, the better your negotiating power with the insurance company. The insurance company may fear losing the case, so they agree to your settlement terms.

There are many reasons why you should hire a litigation lawyer to handle your personal injury case, including the following five reasons. 

1. Knowledge of the Rules of Evidence

Only specific types of evidence are admissible in court. Litigation attorneys understand the Louisiana Code of Evidence. They know what evidence can be used in court.

Because of their knowledge, they build a case using evidence allowed in court to reduce objections to evidence by the insurance company. A litigation lawyer creates a settlement demand package that includes evidence admissible in court to convince the insurance company you would win the case if you go to court.

2. Credible Threat of Filing a Lawsuit

A seasoned trial lawyer with a winning record is a credible threat to an insurance company. Some attorneys settle cases to avoid going to trial. Insurance companies track which attorneys avoid court.

Hiring a litigator with substantial trial experience gives you an advantage. The insurance company knows the attorney will take the case to trial instead of merely threatening to go to court.

3. Knowledge of Jury Awards for Damages

Insurance companies undervalue damages. 

You can receive compensatory damages for your economic and non-economic damages, including:

Litigation lawyers have experience valuing damages for jury trials. They know how to present evidence to a jury that gives the jurors an accurate representation of the extent of your physical injuries, emotional distress, and financial losses.

4. Effective Communication Skills

A litigation lawyer is comfortable speaking in court. They developed practical communication skills as they argued cases in court. These communication skills are a benefit during settlement negotiations.

5. Ready to Go to Trial

When you hire a personal injury lawyer, they investigate your claim to determine the cause of your injuries and identify the responsible parties. They gather evidence proving the elements of your claim.

A litigation lawyer focuses on going to trial from the beginning of the case. They prepare for settlement negotiations as they would prepare for trial. Therefore, they are ready to go to trial should settlement negotiations fail. They do not need months to prepare for trial.

Understanding your legal rights is the best way to protect your right to a fair settlement. You can get advice and learn if you have a strong injury case during a free consultation with a Lafayette personal injury attorney. 

Contact the Louisiana Personal Injury Law Firm Of Kenny Habetz Injury Law for Help Today

If you’ve been injured in Louisiana, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana personal injury lawyer or contact us online. We have offices in Lafayette and Crowley, LA.

Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000

Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883