Why Some Cases Go To Trial

How do we decide which cases to present to a jury? When someone first contacts us, we sit down with them and evaluate the potential claim. Is this a legitimate claim? Is the claim within the statute of limitations? Is there substantial evidence to support the claim? Are there substantial damages for which we feel comfortable asking a jury to pay our client? What amounts have juries or insurance companies paid on comparable claims in the past?

We do not take frivolous cases; we find and eliminate the small number of cases that are frivolous. We then devote our energy to the clients we represent. We work hard for our clients. We interview witnesses, obtain and review all relevant documents and consult experts as needed. Once we are convinced that the case is solid, we usually first try to resolve the case directly with the insurance company or law firm defending the claim without filing suit.

As we progress through the claim, we generally are able to obtain further information through what is called the discovery process. We also make available all information to which the defense is entitled to permit it to evaluate the claim fairly. Once both sides have all of the information they need to evaluate the claim, we try to settle the claim. If we cannot resolve it through direct negotiations, we use a mediator to help the parties to resolve the case.

If the defense will not treat our client fairly through a reasonable settlement, we are prepared to try the case in front of a jury to obtain fair compensation for our client. Our goal at all times is fair compensation for our clients. We try to obtain a fair result directly with the other side. If this is not possible, we present our client’s case to a jury. We trust the Vermont jury to make a decision that is fair to our clients.