In Gainesville and throughout Georgia, when someone is injured because another person failed to act with proper care, the decision about which attorney to hire may be one of the most momentous legal decisions of that person’s life. Many clients understandably assume that all personal injury attorneys approach cases the same way, but the truth is that lawyers differ significantly in how they prepare, negotiate, and advocate.
One of the clearest distinctions is whether the attorney focuses on early settlement or whether they are fully capable of taking a case to trial when justice demands it. That difference can reshape the outcome of a claim, especially when viewed through the eyes of the defendant’s insurer. At Lazenby Law Group, we have demonstrated repeatedly that we can successfully prosecute a case through trial and win justice for our clients in even the most challenging cases. Most “trial” lawyers, cannot say the same. Indeed, despite their self-imposed label, most “trial” lawyers have never been to trial and should be aptly named “settlement lawyers” instead.
Settlement-Focused Attorneys vs. True Trial Lawyers: Why the Distinction Matters
Georgia law does not create separate categories of “settlement attorneys” and “trial lawyers”. In practice however, these approaches diverge in meaningful ways.
Settlement-focused attorneys often center their work on early negotiation. They may gather the basic documentation needed to prepare a demand letter and engage with an insurance adjuster but are less likely to build the type of record needed for a courtroom. Many of these lawyers seldom file suit and rely overwhelmingly on negotiated resolutions. Unfortunately, those lawyers negotiate resolutions to the detriment of the client as the negotiated resolutions are often a fraction of the true value of the case. Even more unfortunate is the fact that most clients have no idea their case is being resolved for far less than its value. Rest assured all insurers are well aware which lawyers pretend to be trial lawyers and which lawyers are true trial lawyers.
True trial lawyers take a different approach. From the outset, they build the case in a way that anticipates the need for litigation. They understand Georgia’s Rules of Evidence, know how to preserve claims for trial, and possess the skills required to present the case to a jury. A true trial lawyer negotiates from a position of strength because insurers recognize that a true trial lawyer is fully prepared, if necessary, to bring the matter before a jury. This readiness changes everything about how a case is valued and handled.
The Leverage a True Trial Lawyer Brings Against Insurers
Insurance companies pay close attention to which attorneys are willing to try cases. They study trial histories, track courtroom results, and adjust settlement offers based on the likelihood that the attorney will proceed to litigation if negotiations stall. When a lawyer has a track record of taking cases to trial, the insurer knows that low offers will not be accepted and that the risk of a substantial verdict is genuine.
How True Trial Lawyers Build Stronger, More Persuasive Cases
A true trial lawyer shapes a case from the beginning with the expectation that a jury may ultimately evaluate it. That means gathering evidence quickly and thoroughly, consulting specialists in medicine, economics, accident reconstruction, and safety practices, and documenting the client’s injuries in ways that withstand scrutiny in court. This approach differs sharply from a settlement-focused model, which may rely on less thorough records.
A case built for trial is more detailed, more accurate, and more difficult for an insurer to dismiss. Even when a case ultimately settles, this depth of preparation directly affects compensation. Insurers place higher value on claims backed by strong evidentiary foundations because they understand the risk of facing experienced counsel at trial.
Protecting the Client’s Right to a Jury Trial
The 7th Amendment to the US Constitution and Georgia’s Constitution protects the right to a civil jury trial. But preserving, preparing for, and effectively asserting that right requires skill.
True trial lawyers know how to draft pleadings that secure a jury trial, how to conduct voir dire to ensure a fair and impartial jury, and how to present expert and lay testimony within the constraints of Georgia’s evidence code, O.C.G.A. Title 24. They are prepared to challenge unreliable evidence and cross-examine defendants and corporate representatives.
Attorneys who rarely litigate often lack this experience, which limits their ability to guide clients through the full scope of their legal rights.
Why True Trial Lawyers Achieve Higher Recoveries
Research has consistently shown that attorneys with significant trial experience achieve better settlement outcomes. Experienced trial counsel can negotiate more effectively because they evaluate risk accurately and understand how juries respond to evidence. Insurers also account for the likelihood of trial success when determining what they will pay to resolve a case, meaning clients represented by an experienced and true trial lawyer often obtain significantly higher compensation.
The difference is especially visible in catastrophic injury and wrongful death matters. The results achieved by Lazenby Law Group demonstrate this clearly. In 2020, The firm secured a $21 million wrongful death verdict in a tractor trailer case and the respect of that experience lead to a $10 million settlement in a 2024 tractor trailer case; outcomes that required deep litigation experience and a willingness to take cases as far as needed. These kinds of results are not achieved through quick settlements; they are achieved through meticulous preparation and the readiness to face powerful defendants in court.
True Trial Lawyers Protect Clients When Negotiation Is Not Enough
Most personal injury cases do settle, but settlement is not always just. When insurers deny responsibility or refuse to offer fair compensation, litigation becomes the only path to accountability. Settlement-focused attorneys may be reluctant or unprepared to take that step. True trial lawyers, however, understand that the courtroom is an essential safeguard when negotiation fails. They are prepared to present the full truth of the case and pursue the compensation the client is entitled to under Georgia law.
Why Trial Experience Matters in Gainesville and Throughout Georgia
For individuals and families from Gainesville to all parts of Georgia, choosing counsel with trial experience is one of the most important decisions they can make. A capable trial lawyer brings credibility with insurers, a stronger evidentiary foundation, and the skill to secure justice through litigation if necessary. This is the level of advocacy that Lazenby Law Group provides. Our team prepares every case with care, precision, and a commitment to protecting the client’s rights.
If you or a loved one has been injured in Gainesville or anywhere in Georgia, Lazenby Law Group is ready to help you understand your rights and pursue the justice you deserve.
