You may hire a lawyer hoping to settle the claim. Even then, you need to understand the alternative if the negotiations fail. An attorney who has tried cases can discuss the work involved in taking a dispute to court and the uncertainties that go with it.
If a witness supports your account of a collision, counsel still needs to find out what the person saw. A statement based on the sound of the impact may leave questions about the traffic signal unanswered. Sorting that out helps the lawyer assess the evidence for settlement as well as trial.
Preparing for those questions
Personal Injury Trial Law certification from the Texas Board of Legal Specialization includes a qualifying history of lead-counsel trials. It gives you information about the attorney's courtroom background. You should still ask how the lawyer will investigate the facts of your own claim.
An offer may arrive before the medical picture is clear. Ask what the lawyer knows about the expected recovery and whether further records or opinions are needed. That missing information should be part of the settlement discussion, particularly if future losses are being claimed.
A fair offer may be worth accepting
Trial experience should help a lawyer explain the risks of continuing as well as the reasons to reject an offer. Ask for an estimate of what you would receive after the fees, case expenses and applicable repayment obligations are addressed. Discuss the additional expense and delay that further litigation could bring.
No one can tell you in advance exactly what a jury will do. The useful advice explains the strengths of the claim, the weaknesses and the practical consequences of each choice. Certification does not eliminate that uncertainty.
Questions clients may have
Can we negotiate while preparing for court?
Yes. Ask the attorney how settlement discussions fit with the work still needed on your file.
What does the certification say about negotiations?
The Texas Board of Legal Specialization verifies specialty qualifications, including trial experience. Its certification does not promise that the other side will agree to a demand.
How should I discuss an offer with counsel?
Have the attorney walk through the amount you would receive after deductions. Then discuss what further litigation would involve, including costs, time and the evidence still needed. Ask for an explanation of anything you don't understand before deciding.
Explore the TBLS Personal Injury Knowledge Hub and requirements for Personal Injury Trial Law board certification.
Check the current TBLS standards
For current standards and attorney certification searches, visit the Texas Board of Legal Specialization.
This article provides general information and is not legal advice for a specific claim. The value and settlement of any case depend on its facts, evidence, applicable law and individual circumstances.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers