Why do I need an attorney who has trial experience?
Although most valid medical malpractice cases settle before trial,
thereby allowing many attorneys to settle such cases without ever
presenting a case to a jury, a client has limited options for
reasonable settlement if he or she is represented by an attorney with
limited trial experience. Any case will settle if and when the
defendant doctor and/or hospital, along with their attorneys and
insurance carriers, consider that their risks of proceeding to trial
are greater than the amount they are willing to pay without a trial. In
California, there are a limited number of insurance companies that
provide malpractice insurance for all of the doctors and hospitals in
the state. In addition, there are also a limited number of defense
attorneys who are used to defending medical malpractice cases. These
attorneys and insurance companies are less likely to settle a case
involving a Plaintiff attorney who has little or no trial experience
because their success rate at trial is much greater. Therefore, a
Plaintiff represented by an attorney without a proven track record of
success at trial is at a severe disadvantage, even if he or she has a
good case. Dr. Fagel has tried and settled more medical malpractice
cases than any other attorney in California. He is known and respected
by all of the attorneys who defend doctors and hospitals in California.
As a result, he can settle his cases for maximum value because his
opponents know that he is willing and able to take cases through a jury
trial anywhere in California.
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