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Staying Power: Do You and Your Counsel Have It?


Sometimes we get clients who have great cases: High damages, strong liability, and even a pocket on the other side. However, even when all these things are present, it doesn’t necessarily mean that you are going to win. The defense will still have this question: Do you and your attorneys have the staying power to see your case through to a jury trial?


This is because the truth is that litigating is an extraordinarily frustrating, time-consuming, and expensive process. A full superior court litigation can take two whole years to reach a jury, and while the life of a piece of litigation can be long and exhausting, the jury trial at the end is exceptionally burdensome. Defense attorneys and the insurance companies who pay them all know this, and if they don’t believe that you and your counsel are prepared to go the distance, then they are far less likely to offer a decent settlement.


Having a law firm that has proven it can go to trial is one thing that can help greatly with this, so ask your attorney about their experience. But much of this is also on you, the client. The question being asked on the other side is whether YOU have the stomach or the funds to pay your attorney and expert witnesses—and make no mistake, if you are on an hourly fee agreement, litigating through a jury trial is monumentally expensive.


We also strongly advise against hanging your hat on the notion that someone on the other side will be sympathetic to your cause. When it comes to the litigation arena, the factors that matter largely come down to: What might the jury do, and how much is it going to cost to go the distance? Demonstrating your strength in reaching that point is absolutely critical.


At Asheville Legal, we have that critical trial experience, but also we will keep you apprised of everything it takes for you also to go the distance. We generally advise against filing a lawsuit if you don’t feel you have what it takes to get all the way through the jury trial. Give us a call today to learn more about your case.

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