Photo of Attorneys M Brack Massey Charles R Hardee and Kyle M Blodgett

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On Behalf of | Jul 30, 2020 | Personal Injury

If your lawyer cannot try your case, you are at the mercy of the insurance company.

Most personal injury and wrongful death cases are settled out of court. If your lawyer is experienced in litigating injury cases, the insurance company will be aware of this fact; accordingly, your case may be settled for fair and just compensation without a lawsuit being filed. On the other hand, if your lawyer has no or limited experience trying injury cases, the insurance company will likewise be aware of this fact and will likely try to settle your case for less than fair value. So, if you have been injured or have lost a loved one due to the fault of another and are in the process of choosing a lawyer, you should find out about the lawyer’s trial experience (lawsuits filed, cases tried, results, etc.) and the lawyer’s litigation support staff.

If your personal injury or wrongful death case cannot be voluntarily settled for fair and just compensation, your lawyer needs to be able to file a lawsuit on your behalf and try your case. Due to the costs involved in litigation (deposition and mediation costs, expert witness fees, etc.), many injury cases are settled for fair value after the case is filed but before trial. Again, the trial experience of your lawyer will have a significant impact on negotiations at this stage.

Personal injury and wrongful death cases often involve underinsured or uninsured motorist claims. In most instances, these claims are arbitrated, as opposed to being tried before a jury. Again, insurance companies know which lawyers have experience arbitrating these matters. So, if your claim involves an underinsured or an uninsured motorist claim, you need to find out about the lawyer’s experience with arbitrations (cases arbitrated, results, etc.).

Most injury victims do not investigate a lawyer’s litigation experience before deciding who to hire. A review of a lawyer’s website or other advertising may highlight large recoveries. However, a large recovery may have very little to do with an attorney’s litigation experience. Large recoveries sometimes result from an attorney’s signing up a serious injury claim and then settling for the insurance company’s offer. Advertised large settlements do not always mean that the lawyer is a respected litigator in the legal community.

Insurance companies know which law firms have litigation experience and which do not, and insurance companies use this information to their advantage. If you are represented by an experienced trial lawyer, the insurance company may be more likely to offer fair and just compensation to you. So, when choosing a lawyer, you need to make sure that you have an experienced trial lawyer on your side.

The attorneys at Hardee, Massey & Blodgett, LLP have over 55 years of combined legal experience. With their exceptional knowledge of the law, the attorneys at the firm have successfully handled thousands of injury claims and have tried and arbitrated hundreds of cases to conclusion.

Attorney Charles R. Hardee has been handling personal injury and wrongful death cases in North Carolina since 1981. He has developed a statewide reputation for helping injured people and protecting their rights, in and out of the courtroom.

At Hardee, Massey & Blodgett, LLP, Charles, along with partner Brack Massey and their experienced litigation staff, handle the firm’s litigated cases. If you or a family member have been injured or have lost a loved one due to the fault of another, call the attorneys at Hardee, Massey and Blodgett, LLP, an experienced, trusted, and proven team of injury attorneys.