How to Choose the Right Personal Injury Lawyer

Choosing a personal injury lawyer is one of the most important decisions you will make after an accident. The lawyer you hire can directly impact how your case is investigated, how aggressively it is pursued, and ultimately how much compensation you recover.

Many people assume all personal injury lawyers handle cases the same way. That is simply not true.

Not All Personal Injury Lawyers Go to Trial

One of the biggest misconceptions people have is believing every personal injury lawyer is a trial lawyer.

In reality, many lawyers rarely enter a courtroom. Some firms are structured almost entirely around quick settlements. Insurance companies know this—and they keep track.

Insurance carriers maintain extensive data about plaintiff’s firms and attorneys. They know which lawyers aggressively litigate cases and which lawyers almost always settle before trial. That information affects how claims are evaluated from the very beginning.

If the insurance company believes your lawyer will never take a case to trial, the settlement value of your case may decrease dramatically. When Josh was a defense lawyer he would decrease the value of a case by as much as 50% if he knew the lawyer would not take the case to trial.

At The Inkell Firm, we are willing to take cases to trial—and we actually do. We have gone to trial this year, and we prepare every case as though it may ultimately be presented to a jury.

That preparation creates leverage. It changes negotiations. It changes how insurance companies value risk.

The Two Questions Every Injury Victim Should Ask

Before hiring a personal injury attorney, ask these two questions:

• When was the last time you went to trial?
• When was the last time you settled a case for more than the available insurance limits?

These questions reveal far more than advertising slogans or billboard marketing.

They tell you whether the lawyer has real litigation experience and whether the lawyer knows how to maximize case value when the stakes are high.

Settlements Above Insurance Limits

Most personal injury cases resolve within insurance policy limits. Most lawyers will tell you that the limits are all that they can get for you. However, we at The Inkell Firm have a proven method to resolve cases above those limits when the facts, damages, and litigation pressure justify it.

At The Inkell Firm, we have successfully resolved cases above available insurance limits. You can read about one of those recoveries here:
Excess Settlement Case Result.

Recovering above policy limits requires strategy, preparation, and leverage. It often involves identifying additional exposure, understanding insurance company risk analysis, and demonstrating a genuine willingness to take the case further if necessary.

Our Background Gives Us an Advantage

Before representing injured clients, attorney Josh Inkell worked on the defense side representing insurance interests. That experience provides insight into how claims are evaluated internally and how defense strategies are developed.

That matters because insurance companies do not evaluate cases emotionally. They evaluate risk.

Understanding what insurance adjusters, defense attorneys, and claims professionals look for can make a significant difference in how a case is prepared and presented.

We Also Have a Former Insurance Adjuster on Staff

The Inkell Firm also has a former insurance adjuster on staff who previously worked for Nationwide and served as the head liability adjuster for Delaware’s public bus system.

That experience gives our team additional insight into:

• How adjusters value claims
• What increases or decreases settlement value
• How reserves are established
• How insurance companies evaluate litigation risk
• What documentation and evidence create leverage

Very few plaintiff firms have firsthand insurance industry experience inside the firm itself. We believe that perspective helps us build stronger cases for our clients.

What Insurance Companies Look For

Insurance companies are constantly assessing risk exposure. They examine:

• The severity of injuries
• The credibility of witnesses
• Medical treatment history
• Future damages
• Whether liability is disputed
• The lawyer handling the case
• The likelihood the case will go to trial

That last factor matters more than many people realize.

If the insurance company believes your lawyer will avoid trial at all costs, settlement leverage disappears. On the other hand, when the defense knows a lawyer is prepared to litigate aggressively, case value often changes.

Experience Matters in Complex Injury Cases

Serious personal injury claims often involve complicated medical records, expert testimony, future damages, and difficult negotiations. Whether the case involves a car accident, truck accident, pedestrian collision, medical malpractice claim, nursing home negligence case, or wrongful death matter, preparation matters.

At The Inkell Firm, we represent injured clients throughout Delaware in:

• Car accident cases
• Truck accident cases
• Pedestrian accident claims
• Medical malpractice lawsuits
• Nursing home abuse and neglect cases
• Wrongful death claims

You can also review additional case results here.

Frequently Asked Questions