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Why Do I Spend So Much Time On Trial Preparation When Over 90% Of All Lawsuits Settle Before A Trial?

Posted on Tuesday, November 20, 2012 by Steven Karp

For over 35 years, I have represented clients who have been injured in automobile accidents, slip and falls, the negligence of a hospital or doctor, products liability, nursing home neglect, and even dog bites. Of all the clients that walk into my office with injury cases, I settle well over 90% of their cases without getting a verdict from a jury.

About 50% of those cases settle without filing a lawsuit. Even when a lawsuit is filed, most of those cases settle before the case is called for trial. Cases even settle during trial itself. So why do I still prepare each case as if I will be trying it before a jury of 12 citizens in Chester County?

Preparing For Trial Is A Helpful Path To Settle A Lawsuit

Either I have a mental condition that borders on excessive compulsive or I firmly believe in the Boy Scout motto of “Be Prepared.”

In truth, I have found that the best way to get a good result for a client is to prepare each case as if it were going to be presented at trial. That way, I have left no stone unturned, and I have a complete picture of the entire case so that my damages evaluation can lead to a favorable settlement. There’s another good reason for full preparation of each case. The other side – the insurance company – knows when they’re facing an attorney who is well prepared. Not every lawyer prepares extensive settlement brochures which highlight not only the medical records but the client’s injuries. I meet with many of my clients’ treating doctors in their offices so that I may learn in detail of my client’s injuries and the affect their lives. The doctor also sees the extra effort and usually will repay with a well-written report. Medical exhibits are obtained from x-rays or operative notes which enhance my client’s injuries and, therefore, the value of their case.

Benefits Of Pre-Trial Preparation

My preparation is paid off either by a good settlement or the fact that if I have to go to trial, I already have most of the necessary preparation done.

Steve Karp

The article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.