Settlement VS. Trial

Many people have a particular misconception when it comes to trials.  The misconception is the belief that a trial would be to their advantage over agreeing to a settlement.  Essentially, they want their day in court and believe a trial will result in a larger settlement award.  That misconception is supported by reports in the media of high jury verdicts obtained in various cases.  What the media fails to report are the many instances in which the amount awarded by a jury is reduced through the procedural process known as a remittitur.  The process is one in which an excessive jury verdict is reduced. If money damages awarded by a jury are grossly excessive as a matter of law, the judge may order the plaintiff to remit (reduce) a portion of the award.  The remedy of remittitur is designed to cure an award of damages that is grossly excessive without the parties having to go through another trial or appeal.  In some cases, an award by a jury is so completely out of line with the damages proven that it considered to be what is called unconscionable.

Another commonly held false impression exists when individuals conclude that being in front of a jury will be to their advantage.  Sometimes a person’s pain, suffering, and changes to their daily life alter their perceptions.  The belief that a jury will sympathize with them to the extent that an award will exceed any settlement offer results.  Such a false impression is understandable.  We don’t doubt or question the substantial impact serious injuries can have on your daily living activities, your emotional well being, and your overall quality of life.  However, we handle injury claims for a living.  Such experience provides information you’re not aware of; especially in regard to how a jury may view your case.   Obtaining successful jury award is an accomplishment we’re proud of.  Our managing partner, Matt Dolman, achieved a jury verdict that exceeded a million ($1,000,000.00).  Being capable of successfully obtaining a jury verdict requires an understanding of how juries think.  That knowledge allows us to advise you of your options and make recommendations that are in your best interest.  Going to trial is rarely the best option for anyone.  The reason is that going to trial ultimately means you’re taking whatever the settlement offer was and entirely gambling with it.  Strictly for example purposes only, let’s say the insurance carrier offers you $50,000.00 to settle your claim.  There is no medical evidence in the form of bills, opinions, or otherwise, to support a conclusion that the value of your case is worth more than $50,000.00.  If you chose to reject the $50,000.00 settlement offer in hopes of obtaining a greater amount from a judge and jury, you would be doing nothing short of gambling with $50,000.00.   You would be gambling with an amount of money most would consider quite substantial to risk.

Going to trial requires giving up the degree of control you have over the outcome of your case and putting that control in the hands of a judge and jury.  A trial also includes the risks associated with the monetary penalties that can be awarded to the insurance company if you do not prevail.

We handle every case with a focus on preparing for the worst.  From the moment we undertake representation, your case is treated as if we’re going to trial.  That means working to seal up any holes, gaps, or other issues that could potentially be problematic.  It means working to ensure that the strength of your position is maintained in the best way possible.  Any attorney or law firm that gives you an absolute 100% guaranteed outcome is lying.  They don’t write the check that represents a settlement amount.  The insurance company does.  They don’t have the authority to write such a check.  Guaranteeing an outcome over a factor you don’t have the authority to control is misleading.  Unfortunately, it’s a common form of misrepresentation engaged in by lesser firms.  We’re confident in informing you of what we believe your case may be worth.  However, we will never make guarantees we can’t make good on.

We’re proud of being a nationally recognized trial firm.  It’s not an accolade that came about overnight.  We did not gain such distinction by recklessly trying cases that should have settled.  We carefully evaluate the likelihood of prevailing in a trial through our own experience.  Courtroom experience is not something any attorney can gain through any method other than actually being in court; and being in court often.  If you have any questions about your accident, your injuries, or your options, contact us for a free consultation. Call the Dolman Law Group at (727) 853-6275.

Dolman Law Group
5435 Main Street
New Port Richey, FL 34652
(727) 853-6275