Why Hire a Trial Lawyer for Your Injury or Employment Case

Most cases settle, so why does trial experience matter? Because insurers decide what to offer based on what they expect a jury would do, and on whether your lawyer is ready to go there.

On this page: How insurers evaluate lawyers · Our approach · Cardon’s background · Results · Questions to ask · FAQ

Most personal injury and employment cases settle. So why does it matter whether your lawyer actually tries cases? Because insurance companies and corporate defendants set settlement values based on what they expect would happen in front of a jury, and on whether they believe your lawyer is prepared and willing to take them there. Many high-volume firms rarely file lawsuits, let alone go to trial, and insurers know it. Their offers reflect it.

How Insurers Evaluate Your Lawyer

Insurance companies track law firms. They know which firms file suit, take depositions, retain experts and go to trial, and which firms settle nearly every case before litigation. When a case is handled by a firm that prepares every case for trial, the defense has to account for the real risk of a verdict, and settlement value increases accordingly.

What a Trial-Focused Approach Looks Like

• Early investigation: preserving video, vehicle data and documents before they disappear, rather than waiting on the insurer’s file.
• Expert work: retaining the reconstruction, medical, life care and economic experts needed to prove the full value of the case.
• Filing suit when it helps: using depositions and discovery to uncover what the defense would rather keep hidden.
• Personal attention: your case is handled by a lawyer who knows the file, not passed to a rotating team of case managers.
• Willingness to try the case: and to tell you honestly when a settlement offer is fair and when it is not.

Cardon Smith’s Background

• Graduate of Georgetown University Law Center, where he competed on the national mock trial team.
• Law clerk to a federal judge, giving him an inside view of how judges evaluate cases, motions and trials.
• Years litigating high-stakes business disputes for Fortune 500 companies, so he knows how corporate defendants and their lawyers evaluate risk.
• Founder of Smith Trial Group in 2015, focused on representing injured people and employees.
• Admitted in California state courts and all four federal district courts in California.

See Cardon Smith’s full bio.

Results at Trial and in Settlement

• $10 million verdict: car accident causing serious back and knee injuries.
• $1.7 million verdict: car accident causing a back injury.
• $1.5 million verdict: disability discrimination and wrongful termination.
• $1.9 million settlement: pedestrian struck by a bus.

Results depend on the facts of each case. Prior results do not predict the outcome of any other case. See all case results.

Questions to Ask Any Lawyer You Are Considering

1. How many cases have you personally tried to verdict?
2. Who will actually handle my case day to day?
3. When do you file a lawsuit, and when do you advise settling?
4. What experts will my case need, and who pays for them?
5. How will you keep me updated?

Fees

We handle personal injury cases, and most employment cases, on contingency. You pay no attorney’s fees unless we recover compensation, and we advance the costs of investigation and experts.

Frequently Asked Questions

Does it matter if my lawyer goes to trial if my case will probably settle?

Yes. Insurers set settlement values based partly on their assessment of your lawyer’s willingness and ability to win at trial. Trial preparation often increases settlement value.

What is a settlement mill?

The term generally refers to high-volume practices that settle most cases quickly, often without filing a lawsuit or preparing for trial. That approach can leave money on the table in serious cases.

Who will handle my case at Smith Trial Group?

Your case is handled by an attorney who knows the file, with attorney Cardon Smith directly involved in strategy.

Do I pay for experts?

We advance the costs of investigation and experts in contingency cases. Fee and cost terms are explained in writing before you sign.

Will my case go to trial?

Most cases settle. We prepare every case as if it will be tried, and we give you an honest recommendation about whether an offer is fair.

How much does a consultation cost?

The consultation is free and confidential.