This past week, I completed my third jury trial in the last two years. It was also the first of those three trials in which I represented the defendant. The result avoided approximately $300,000 in additional liability, along with potential punitive damages exceeding $1 million. In my previous two plaintiff jury trials, the verdicts exceeded the defendants’ highest settlement offers by more than $150,000.
Past results do not guarantee or predict the outcome of any future case. Every matter depends on its own facts, evidence, applicable law, and circumstances. These experiences do, however, reinforce an important point: accepting the quickest settlement is not always the right decision.
When choosing an attorney for a case that may involve significant negotiations or litigation, consider the attorney’s actual trial experience. Ask whether the lawyer is prepared to take a case before a jury when settlement does not adequately address the facts and legal issues involved. A prompt settlement may be appropriate in some cases, while others may justify further negotiation or proceeding to trial.
Every decision about settlement or trial involves risk. That risk should be evaluated carefully by considering the strength of the evidence, potential recovery or exposure, litigation costs, uncertainty at trial, and the client’s individual goals. An attorney with meaningful trial experience can explain those considerations and provide advice based on the circumstances of the particular case.
