It is not surprising to say that most personal injury cases, legal disputes when one person suffers an injury as a result of the negligence or carelessness of another person or entity, are resolved through informal early settlement, prior to the claim being filed with the Court. Yet, when a case comes across my desk, there could be no early resolution and it is up to me to advocate for the client and place the case in suit. As a litigator, I’ve had experience with all sorts of cases and defense attorneys.
In the past two months, I have resolved more cases than any other attorney at my firm, I’ve done this with one very simple tactic. It has helped me reach settlements to the benefit of my clients, kept these clients happy, and perform for my firm. So, what is it? What is the first magical tactic that I use? I simply, pick up the phone.
This is the first and best step towards resolving any case. Steve Jobs said it best: “[m]ost people never pick up the phone and call. Most people never ask, and that’s what separates the people who do things from the people who just dream about them.” I don’t dream about a favorable resolution for my cases, I take action. And action here does not always mean aggressive advocation. In fact, it usually never means that.
What is the second step towards the road to resolution?
Again, very simply, it is how you speak to opposing counsel on the phone. I speak to opposing counsel like the human being he or she is and in a very professional manner. I advocate for my clients without ever offending the person I am speaking to, as one can be done without the other. I use facts and records to back me, I don’t ever make statements that I cannot support, and this provides credibility to my client’s case. It makes opposing counsel pay attention and you can be sure that the information you provide will be relayed to their client(s) for resolution of the case.
If you want to resolve a case, try it, pick up the phone and take action.
Author: Alejandra M. Diaz, Esq.