Arguably, the most difficult decision a client has to make after being involved in a car accident, or other personal injury matter, is choosing a personal injury attorney to supervise your case.  In making this decision, choosing a personal injury lawyer who is an experienced trial attorney is the best decision an injured client can make.

What is a Trial Attorney?

A trial lawyer is an attorney who has experience in presenting your case to a jury. A lawyer who is well-versed in trials has a better understanding of litigation tactics and procedures and will be equipped to take your case all the way to a verdict.  When negotiations with the insurance company fails, the best weapon an attorney has is to present your proof and evidence to a judge or jury and ask them to decide the case.  If a jury verdict is in your favor, the amount could potentially be much higher than anything previously offered by the insurance company, and the insurance company will be forced to pay you that amount.

Hiring a Trial Attorney Increases Your Chance of Settlement

The American Bar Association statistics from 2019 show that a small percentage of injury and death cases actually go to trial.  Hiring a trial lawyer, who has a proven track record of winning in the courtroom, is important because insurance companies hire professionals known as “actuaries” and their job is to measure and calculate risk.   An actuary does a cost-benefit analysis based on large amounts of data and attempts to predict what may happen.  In an accident case, among other information, actuaries place a value on an injury or death claim by running a search on the attorney the injured victim hired.

After running a search on your lawyer, the insurance company will have information about your attorney’s prior successful, or unsuccessful, results. This means, they will know which attorneys are bluffing and will fold before trial; and which attorneys are serious and will take your case all the way to trial.  The companies will have information including but not limited to:

  • How much money the insurance company had to spend defending prior claims brought by your attorney
  • How often your attorney settles a case without filing a lawsuit
  • How often your lawyer took money less than the policy limits
  • How often your lawyer filed a lawsuit and then settled the case quickly
  • Which lawyers settle the case at mediation even when the insurance company is not offering full value for your injuries
  • How many trials your lawyer has had
  • What results your lawyer has obtained at trial

Therefore, hiring an attorney without trial experience is potentially a horrible, life-changing, decision.  Remember, insurance companies want to pay as little as possible and avoid risk.  Their worst nightmare is when someone has a serious injury or death case and they hired a talented experience attorney who has a history of winning at trial.


At Levy Borukh Law, we have been fighting for New York City victims for years, and our attorneys have obtained settlements and trial verdicts for thousands of clients.  Our founding partners, David S. Levy and Moshe Borukh have both been recognized as Super Lawyers in personal injury law.  Additionally, both have been recognized by the Association of American Trial Lawyers as the top 40 under 40 in personal injury law.  If you or a loved one has been injured in an accident, our experienced trial attorneys are here to help.