According to GoogleAnalytics, two of the most read articles I have posted on this web site discussed settling personal injury cases and determining their settlement value. The interest by potential clients, in how cases are settled, is not surprising. More than 90% of all personal injury cases are settled before a trial begins. Even when cases proceed to trial, many are settled before the jury renders its verdict. In a famous law school experiment conducted some years ago, a number of renowned lawyers from both plaintiff and defense bar were invited to participate in a mock settlement exercise that went over the course of several days. Every one of the lawyers was well-respected and very experienced. The attorneys were broken into pairs - one plaintiff and one defense lawyer - and all were given a series of facts representing a mythical but realistic personal injury case. Sometimes, plaintiffs lawyers were given facts unknown to the defense lawyers and in other cases, the reverse was so. In every case, though, each plaintiff and each defense lawyer received the same facts as the other plaintiff or defense lawyers.

After analyzing the case, the lawyers were given a set amount of time to reach a settlement. The results were astounding, and sobering, to both lawyers and clients. Given that the facts of each case was the same for the plaintiff and defense attorney participants, and given the high skill and experience level of the lawyers, it may have been expected that the settlements for each case would be similar. The exact opposite occurred. The settlement ranges for each hypothetical case was enormous, by a multiple of ten in a couple of cases. In other words, there were big winners and big losers amongst the fictional injured person and insurance company clients, depending on the lawyer they retained.

Does this study have any relevance for real life clients? It sure does. Even though the situation was artificial, it reflected the reality that lawyers viewing the same facts may place an entirely different value on a case. If you have been seriously injured, how can you be sure to hire a lawyer who will not settle your case short? Slick advertising is no guarantee. Even years of experience cannot be the only guideline. Your best protection is to follow these steps:

(1) hire an attorney with whom you are comfortable

(2) make sure your lawyer can explain the strengths and weaknesses, legal principles and strategies for your case to you in plain English

(3) make sure your lawyer will keep in close contact with you; ask how he will do that;

(4) hire a lawyer only if he inspires confidence in you.

(5) Be sure that your lawyer will spend the time and money needed to prepare your case, and that he is unafraid to take it to a jury.

Only if your lawyer prepares your case thoroughly and diligently and is unafraid to take it to trial, can you expect a top dollar settlement.