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Should I change lawyers if they can’t guarantee I’ll win?

My solicitor says I have good prospect of success but refuses to guarantee we will win if we go to court, should I change lawyers?

No, not if this is your only concern. Few cases are clear cut and the ones that are rarely end up in court. Lawyers are trained in determining prospects of success but there is a degree of subjectivity in doing so.

A case will only end up in court if the lawyers on either side have opposing views in relation to what the outcome should be. In such a scenario, the lawyers will present the evidence to the court and the judge will make a ruling based on his/her own view.

This is where litigation risk comes in and it explains why your lawyer is unable to categorically guarantee that your claim will be successful in the event that you proceed to trial. The judgment will be made based on the court’s determination of the case before it.

In some cases, it may be appropriate to accept a reduction in damages, essentially buying off the risk of going to court, where the outcome could be affected by things outside of the Claimant’s control. Examples of such risks range from poor witness presentation, being assigned a judge that is prejudiced against cyclists or last-minute evidence being presented.

It is worth noting that the vast majority of personal injury claims settle before they reach court. If each party is represented by experienced lawyers, a settlement can generally be reached based on what a court would likely do given the facts in the case. This means that each party is able to retain control of the negotiations and outcome whilst avoiding the risk of having a bad day in court.

Talk to one of our Cycling Accident Claims Solicitors

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