Will you take my case to trial if you have to?
That question may be the most important one you ask. In catastrophic injury and commercial truck crash cases, your attorney’s willingness to go to trial isn’t a technicality. It determines how much your case is worth from day one.
Insurance Companies Know Which Attorneys Try Cases
This is not an abstract point. Major insurers and their defense teams maintain detailed records of opposing counsel’s litigation history. They know which plaintiff’s attorneys have jury verdicts on their record and which do not. That information directly shapes the settlement offers they make.
An attorney who has never tried a case, or hasn’t tried one in years, cannot credibly threaten to take your case to verdict. The insurance company knows it. So they hold firm, make lower offers, and wait. The leverage that should belong to you belongs to them instead.
A firm with a documented history of taking cases to jury trial changes that calculation. Insurers are businesses that price risk. A lawyer who has put cases in front of juries in North Dakota and secured meaningful verdicts is a fundamentally different negotiating partner than one who settles everything.
Heavy Advertising Is Not the Same as Trial Experience
In a competitive legal market, billboards and television commercials are everywhere. That advertising reflects a marketing budget, not a trial record. Firms that advertise heavily often operate on volume: sign up many clients, negotiate with adjusters, and move on. For some cases, that model can work fine.
However, often, catastrophic injury cases require individual attention, investment in expert witnesses (accident reconstructionists, medical experts, economists, etc.), and the willingness to reject an inadequate settlement offer and let a jury decide. That takes time, resources, and courtroom experience that high-volume firms often don’t have.
Before you sign a fee agreement after a serious injury, ask specifically:
- How many jury trials have you personally taken to verdict in the last five years?
- Have you tried commercial trucking cases?
- Who in your firm would actually try my case if it goes to court?
A lawyer with genuine trial experience will answer those questions specifically. Be cautious of vague answers or pivots to settlement results only.
The Stakes Are Too High to Guess Wrong
Catastrophic injury cases (traumatic brain injuries, spinal cord injuries, wrongful death) involve the largest damages and the most aggressive defense. Commercial truck crash cases add another layer of complexity: federal FMCSA regulations, multiple liable parties, and well-funded corporate defendants backed by experienced defense teams.
Under North Dakota’s comparative fault system, your recovery can be reduced based on any fault attributed to you. Defense attorneys will try to shift blame your way. Having a lawyer who knows how to counter that strategy in a courtroom, not just a conference room, is essential.
You deserve an attorney who builds your case from the beginning as if it will be tried, and who has the courtroom record to back that up. That preparation is what secures full value, whether your case settles or goes to a jury.
Talk to a Trial-Ready Attorney
At SW&L Attorneys, we try cases. Our attorneys have taken personal injury and commercial truck crash cases to verdict in North Dakota and Minnesota, and we invest the time and resources each catastrophic case demands.
If you or a family member has been seriously injured, contact us for a free consultation. Call us at (701)297-2890 or reach out online. We will give you an honest assessment of your case and what we will do to pursue it if you are interested in hiring our team to help.
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