Las Vegas, NV personal injury attorney Keith E. Galliher talks about whether most personal injury cases go to trial or settle. He explained that most personal injury cases settle, but there is an important distinction between different types of settlements. When taking on a personal injury case, attorneys must prepare as though the case will go to trial. This preparation involves conducting thorough discovery, including depositions, requests for production of documents, requests for admissions, and interrogatories. These steps are crucial for gathering all relevant information about the case.

Attorneys must be proactive in their discovery efforts, taking depositions from clients, key witnesses, and, if necessary, doctors and experts to ensure the case is ready for trial. By laying this groundwork, the attorney can position the case for a reasonable settlement before trial.

Unfortunately, many personal injury lawyers fail to fully embrace this approach and neglect comprehensive preparation. They may file a complaint and then passively wait for a settlement check. This lack of preparation can significantly disadvantage the client. A defense attorney, aware of the insufficient groundwork, is less likely to offer a substantial settlement, knowing the opposing attorney has not done the necessary work.

As a result, clients suffer because they may not understand the true value of their case. Attorneys are expected to accurately assess the worth of a case, and those who fail to prepare properly ultimately shortchange their clients, preventing them from receiving what they are rightfully entitled to.