For purposes of this article, a trial lawyer is one who regularly appears in court for personal injury claims. An advertising lawyer is one who is not a trial lawyer but regularly advertises for personal injury cases and will not fight for you in court.
- You are paying more for less if you get an advertising lawyer. Trial lawyers usually charge less than advertising lawyers because you are not covering the advertising lawyer’s advertising expense. A trial lawyer’s percentage is usually 33-35% pre-suit. An advertising lawyer usually charges 40%.
- A trial lawyer can force the insurance company to be fair. An advertising lawyer cannot or will not. A trial lawyer can force the insurance company to pay more and risk more.
- A trial lawyer makes the insurance company weigh the cost and the risk of going to trial when it values the case. As a result, trial lawyers settle cases for much more money than advertising lawyers.
- A trial lawyer guarantees that you will have many more chances to settle your case for the real value. Opportunities to settle for more occur after suit, after discovery, at mediation, after jury selection, and during a trial. An advertising lawyer forfeits all these opportunities.
- Insurance companies love it if you get an advertising lawyer. They know the advertising lawyer is just screening for cases. The insurance companies know there is little or no danger of cost to defend a claim or risk of having a fair settlement occur.