Why You Need a Trial Lawyer for a Serious Injury — Not Just Any Attorney
Most personal injury attorneys settle every case. They have to — because they’ve never actually tried one. When the stakes are high, that difference could cost you everything.
If you or someone you love has suffered a serious injury — a traumatic brain injury, spinal cord damage, a catastrophic accident, or the wrongful death of a family member — the attorney you choose will shape the outcome of your case more than any other single factor. Not the facts. Not the evidence. The lawyer.
That is not an overstatement. Here is why.
The Open Secret Most Law Firms Don’t Want You to Know
Walk into almost any personal injury law firm in Colorado and you’ll find attorneys who call themselves “trial lawyers.” Look at their website and you’ll see phrases like “aggressive representation” and “fighting for you.” What you won’t easily find is a list of cases they have actually taken to verdict in front of a jury.
That’s because most personal injury attorneys rarely — if ever — go to trial.
95% of personal injury cases settle before trial
<1% of attorneys have tried high-value cases solo to verdict
3–5× more — what a credible trial threat can add to a settlement
A settlement-focused firm has a business model built on volume and speed. They sign clients, send demand letters, negotiate with insurance adjusters, and close files. That works fine for minor fender-benders. For a catastrophic injury — where the true value of your case may be in the millions — it is a profound mismatch.
“Insurance companies know which attorneys go to trial and which ones don’t. They price their offers accordingly.”
What “Going to Trial” Actually Means for Your Settlement
You might be thinking: I don’t want to go to trial. I just want a fair settlement. That’s completely understandable. Trials are long, emotionally demanding, and uncertain. Most clients never want to set foot in a courtroom.
Here’s the thing: having a lawyer who will go to trial — and who the other side knows has gone to trial and won — dramatically changes what the insurance company puts on the table without ever going to court.
Defense attorneys and insurance adjusters are not naive. They research opposing counsel. They know who settles every case and who doesn’t. When they’re facing a lawyer with a documented history of seven and eight figure verdicts, they calculate their exposure very differently than when facing someone who has never tried a case.
The threat of trial is only credible when the attorney behind it is genuinely capable of following through. A bluff that can be called is worse than no bluff at all.
What to Actually Look for in a Serious Injury Attorney
When your injury has permanently changed your life — or ended the life of someone you loved — here are the questions that actually matter when evaluating an attorney:
Have they personally taken cases to jury verdict — not just to the courthouse steps?
What were the outcomes? Can they show you results, not just settlements?
Have they tried cases in your type of claim — products liability, wrongful death, catastrophic injury?
Do they handle complex cases, or primarily straightforward auto accidents?
How many cases do they carry at once? Will you get their attention, or a paralegal’s?
Are they recognized by peers — Super Lawyers, Best Lawyers, or similar — not just self-reported rankings?
Do they have the financial resources to properly fund and prepare a serious case for trial?
Be cautious of firms that heavily advertise. High advertising volume often signals a high-volume settlement model — exactly the opposite of what a serious injury victim needs. The best trial lawyers are typically found through peer referrals, legal directories, and recognized award organizations.
Serious Injuries Are Legally Complex — and That Complexity Requires Experience
A catastrophic injury case is not just a bigger version of a minor injury claim. It involves fundamentally different legal challenges.
Future damages — the cost of a lifetime of medical care, lost earning capacity, ongoing pain and suffering — must be calculated, projected, and proved. This requires expert economists, life care planners, and medical specialists. It requires an attorney who knows how to present that evidence compellingly to a jury.
Liability may be shared among multiple defendants. Products liability cases require engineering experts. International cases require knowledge of cross-border law. Legal malpractice cases require an attorney who understands both the underlying claim and the standard of legal care.
These are not areas where a general practice attorney — even a well-meaning one — can adequately represent you.
What It Looks Like When a Real Trial Lawyer Takes Your Case
Beth Klein has tried catastrophic injury and wrongful death cases solo against the top defense firms in the country — and won. Her results include an $18 million verdict in an international negligence case in Iraq, a $2.1 million verdict that set a Colorado record in 1994 with consistent 7 figure verdicts for over 30 years, and a landmark products liability settlement exceeding $1 billion.
She has been named a Colorado Super Lawyer every year since 2006. She was named Beth Lawyer for all of Western Colorado for personal injury, products liability and professional malpractice. She was recognized as Lawyer of the Year in Boulder in 2020 and 2021. She is included in Best Lawyers in America and has been named one of the top 500 plaintiff lawyers in the United States.
She accepts only a small number of cases at a time — because that is what serious representation requires. When Beth takes a case, she builds it for trial from day one. That preparation is what produces results, whether the case ultimately settles or goes before a jury.
“I only take cases I believe in, and I only take the number of cases I can personally fight for. That is not a business model. It is a commitment.”
Beth Klein Colorado Trial Lawyer
What to Do If You or a Loved One Has Suffered a Serious Injury
Time matters. Colorado’s statute of limitations for personal injury claims is generally two years from the date of injury. Evidence can disappear. Witnesses’ memories fade. The sooner you consult with a qualified trial attorney, the better protected your case will be.
Here is what we recommend:
Seek medical attention immediately and follow all treatment recommendations — your health comes first and documentation matters legally
Do not give a recorded statement to any insurance company before speaking with an attorney
Preserve all evidence — photographs, medical records, accident reports, witness information
Consult with an attorney who has actual trial experience in serious injury cases — not just any personal injury lawyer
Ask directly: “How many cases have you taken to jury verdict, and what were the results?”
If you believe you may have a catastrophic injury claim, Beth Klein offers a free, no-obligation case evaluation. She will give you an honest assessment — and if she takes your case, she will fight for you with the full force of nearly four decades of trial experience.
