Interviewer: When do most of the cases resolve and why?
Roy Comer: Statistically we know that 98 per cent of civil cases settle before trial. There are multiple reasons why this happens. In my opinion, the primary reason for pre-trial settlement is the plaintiff does not want to go through the gantlet of having a judge and jury scrutinize them. There is some wisdom in this. If the client is not comfortable taking the risk that the jury may not listen compassionately and understand what the client has really gone through, settlement is the best option. Going to trial can be a grueling experience. I am trained for it, and I enjoy trying cases.Most of my clients would prefer to avoid that process.
Cases Settle When the Client Agrees that the Offer is Reasonable
In the end, the case belongs to the client, not to the attorney. If my client—after a full consideration of the strengths and weaknesses of their claim, as well as the benefits and risks of trial—would rather settle, I am totally committed to their desires and will work diligently to get the best settlement offer.
A Lawyer Cannot Guarantee a Favorable Outcome in a Litigated Personal Injury Claim
It makes sense to settle when the amount offered is very near to net recovery likely to be recovered with a trial verdict less the additional costs of going to trial. No lawyer can guarantee any particular result. I tell my clients that all I can guarantee is my best efforts and vigorous advocacy on their behalf. Now, with 37 plus years of doing this, trying cases for both plaintiffs and the defendants, I understand the complexity of these situations and work diligently on behalf of my client’s best interests.
Lawyers Try their Level Best in a Trial, but a Client Should have Realistic Expectations of Recovery in a Personal Injury Claim
I care about my clients and I do the very best job I can for them.By coming alongside them, we work together for justice. My clients are fully informed as we go through the process so they can make intelligent, well-informed decisions about how to best resolve their case.