Injury Lawyers » Complex Litigation » Do I Have to Go to Court?

Do I Have to Go to Court?

This question comes up constantly, and the answer is, “not necessarily.” While a few people seem to relish the idea of sticking it to the person that injured them in a courtroom, the vast majority of our clients – and most people in general – probably would rather not go through the litigation process.

Ironically, a strong litigation team can work to your advantage even if you never intend to set foot in a courtroom.

So why may it be important to have a firm with litigation experience even if you’re just seeking a settlement? Regardless of whether your case is personal injury, workers’ compensation, complex litigation, or any of our other practice areas, you may have an advantage if you show your opponent that you mean business. Contact us today for a free case evaluation if you are considering representation.

Why Do I Want a Law Firm With an Experienced Litigation Practice?

If you’re like most clients, you want the most compensation you can get, as fast as you can possibly get it. We understand that.

The willingness and ability to take your case to court may become leverage. You want the defense and/or their insurance company to know that you’re willing and able to fight them in court. The benefit of using a firm with an experienced litigation practice is that the other side knows you can follow through. That you mean business. You don’t want them pressuring you into taking a settlement for less than you may deserve.

It’s a kind of cycle: you want a firm to have an experienced litigation practice (the ability to fight in court) so that you don’t necessarily have to end up in court.

How a willingness to go to trial can keep you out of court

What Specific Advantages Might You Get if You Hire a Law Firm With an Experienced Litigation Practice?

If you are injured, there may be a few key advantages when you hire a firm willing and able to fight for you in court.

You Know Your Attorney Won’t Just Advise You to Settle

A firm with a litigation department has multiple options at their disposal when deciding on a strategy for your unique case. Being patient and applying the leverage of potential litigation may be the best way to seek maximum compensation. You can trust that your attorney will advise you on actions that are in your best interest, whether that’s  a  settlement or litigation. Defendants May Behave Differently When Faced With the Possibility of Going to Court

Defendants, especially insurance companies, do not like variables. A judge and a jury are out of their control, and that can make them uncomfortable. Some would rather raise their compensation offer than face the unpredictability and expense of the courtroom – but only if they know you can and are willing to take that step.

You May Be Less Likely to End up in Court

Because of the unpredictability of courtroom litigation, a defendant may choose to meet your compensation demands. When they know you’re willing to litigate, this can come down to a simple economic decision.


The contrast between insurance company and injury person motives

How Can I Tell if a Law Firm Has a Strong Litigation Department?

There are a few ways to do this. First, do some research. One thing to look at is the firm’s history of going to trial. While you can’t necessarily equate courtroom appearances to skill, you can at least see how often a firm is going to litigation. That’s one part of the equation.

In 2019, the Law Offices of James Scott Farrin filed more than 180 cases.

You’ll also want a department staffed and led by attorneys with experience. The litigation department at the Law Offices of James Scott Farrin has more than 200 years of combined legal experience.

As impressive as the staff may seem, you’ll also want to look at their courtroom track record. That’s not a guarantee of future results, of course – every case is unique.

For example, between January 1, 2019 and August 14, 2020, our firm’s attorneys:

  • Filed 323 lawsuits
  • Tried 11 cases to verdict
  • Achieved nine recoveries of more than $1 million, including one of $2.1 million1
  • Assumed the role of lead counsel for more than 220,000 North Carolinians in a suit against the state seeking health benefits
  • Served on the steering committee of the GenX class action litigation arising out of the contamination of the Cape Fear River

Overall, our litigators have combined for more than 200 trial verdicts in their careers. In fact, we had a leading role in In re: Black Farmers Litigation, a suit against the government for discrimination in which we represented thousands of claimants, and won a $1.25 billion settlement from the U.S. government.1

Clearly, courtrooms do not scare us.

Contact the Litigation Attorneys at the Law Offices of James Scott Farrin

If you’ve been hurt, you want to know someone is there to guide you. You want experienced help, honest answers, and a firm that’s willing to fight for you every step of the way – all the way to and through the courtroom. Call us today at 1-866-900-7078 or contact us online for a free case evaluation.

If you’re getting pushed around, maybe it’s time to tell them you mean business. We’re here to help.

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