“The preference for a pre-trial settlement stems from the insurance defense industry’s aggressive insistence on avoiding jury trials due to the significant cost and uncertainty of trial outcomes, as well as the pressure exerted onto lawyers by the insurance companies that retain them to resolve cases prior to trial”, according to Rick Nehora, principal of Nehora Law Firm.
Nehora states that many defense attorneys are shifting focus to become a personal injury trial attorney that represent victims, because they are realizing the cost of heading to trial is often outweighed by the financial recovery that plaintiff lawyers can obtain for their clients when compared to settling in pre-trial, which is preferred by the insurance companies.
“As more defense attorneys who are versed in the insurance defense industry’s tactics join the plaintiff bar in order to represent injured victims, rather than defend insurance companies and their insureds, the pro-trial sentiment among personal injury plaintiff lawyers will likely continue to increase steadily, particularly in high-exposure cases involving plaintiffs who have been badly injured,” says Rick Nehora.
In fact, Nehora predicts “a continued increase in the number of jury trials by experienced litigators who are becoming more adept at properly evaluating the likely trial exposure in personal injury cases and, with the aid of their former defense colleagues who have since become plaintiff lawyers, are better able to try lawsuits before a jury.”
Nehora predicts that as an expected result of this uptick in behavior, insurance carriers will likely flock toward select and specialized defense attorneys versed in cases that have gone or will go to trial, which will directly impact insurance defense landscape, including how insurance carriers handle auto insurance accident claims and other claims involving injury to others.
“It will be interesting to see how things progress, including specifically how an uptick in the number of trials will probably increase the monetary recovery plaintiff lawyers obtain for their clients, especially for clients who have sustained catastrophic or fatal injuries,” says Nehora.
About Nehora Law Firm
Nehora Law Firm is a California-based personal injury law firm that represents individuals who have sustained brain injuries and other significant trauma as a result of car accidents, motorcycle accidents, trucking accidents and construction accidents, among other calamities caused by the negligence of other individuals or businesses.
Nehora Law Firm
200 Spectrum Center Dr Suite 300, Irvine, CA 92618