Denver Personal Injury Lawyers

Experienced Litigators

Even though only about ten percent (10%) of all claims are litigated (which means that a lawsuit has been filed on a personal injury claim), having an experienced litigation attorney is crucial.  Not just for the 10% of cases that will need to be litigated but for the other 90% as well.  And only one percent (1%) of claims actually make it all the way to trial.

The reason you need an experienced litigation attorney in the beginning of your claim is because only experienced litigation attorneys know – based on their extensive knowledge and experience – the many potential issues that may arise in litigation and later in trial EVEN if your case never proceeds that far.

But knowing of these potential issues ahead of time allows the attorney to properly negotiate in the pre-litigation phase of your claim.

For example, an experienced litigation attorney knows that certain information – because of Colorado statutory law and evidentiary rules – cannot be introduced to the jury in a trial.  Therefore, during the pre-litigation phase, if the insurance company attempts to raise that information to further its point, an experienced litigation attorney will politely point out that that information is inadmissible in court and, thus, pointless to raise during negotiations.

To an experienced litigation attorney, only information that is allowed to be introduced under the law in trial can be used in any phase of the case, be it pre-litigation, litigation, or trial itself.

However, only experienced litigation attorneys know the intricacies of every Colorado statutory law and rule of procedure and evidence – and how the courts will apply them in trial – because these laws and rules are the lifeblood of a trial attorney.

There are many law firms out there that do not litigate any of their cases and “advise” their clients to settle without filing a lawsuit.  Eventually, these firms have gained a reputation with the insurance companies that they will never take a case all the way to trial regardless of the position of the insurance companies.

Thus, the insurance companies typically low ball these firms with settlement offers because there is NO RISK to the insurance companies.

The only risk that faces the insurance companies is the possibility – even if it is low – that your case will be presented in trial to a jury of your peers, where the jury will decide the reasonable compensation for your injuries that you are allowed under the law.

Only in trial will you no longer have to “settle” for an amount that is less than what you reasonably should be reimbursed under the law.

And that puts a significant risk on the insurance companies, causing them to try and prevent most claims from seeing the inside of a courtroom.  Every little amount the insurance companies can save is ultimately reflected in their profits.

But some cases will proceed to litigation and ultimately to trial, and that is when an experienced litigation attorney will present a challenge to the insurance companies and their hired expensive defense lawyers.

The insurance companies take the experienced litigation firms seriously because of the litigation attorneys’ reputation and ability to properly and cohesively present your case to a jury of your peers and to persuade the jury to award you the reasonable amount you are required under the law.

This respect leads to better settlement offers during all phases of the cases, especially the pre-litigation phase, because the insurance companies know not to force an experienced litigation attorney to file a lawsuit.

Here at the Law Practice of Luke Puszynski, LLC, Luke specializes in personal injury law and has years of experience in litigating and trying personal injury cases.  Let Luke help you take on the insurance companies and their expensive team of defense lawyers.

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Experienced Litigators May 20, 2016