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Yes — and the difference often comes down to what the insurance company thinks you’ll do. Insurers settle higher and faster when they know your attorney is prepared to take a case to trial. A lawyer who only negotiates has limited leverage; a trial lawyer builds your case from day one as if a jury will decide it. That preparation changes the math on every offer you receive. Brazos County personal injury attorney Scott Scherr at The Payne Law Group brings board-certified trial skill and more than three decades of experience fighting for injured clients in Bryan, College Station, and the wider Brazos Valley.
Why Trial Experience Changes the Outcome of Your Case
Not all personal injury attorneys have the same skill set, and the distinction between a settlement-focused lawyer and a trial lawyer can significantly affect your compensation. Many law professionals in the personal injury field have limited, if any, experience within the walls of a courtroom, as a significant number of personal injury cases are resolved through settlements outside of court.
Insurance companies prefer dealing with settlement-focused firms because they consistently settle for less than trial value. If your lawyer has no trial record, insurers have little incentive to offer fair compensation.
A trial lawyer, by contrast, has experience in courtroom proceedings and builds every case from the ground up as though it will go before a jury. From day one, the best attorneys prepare every case as if it is going to trial. They gather evidence, hire experts, and build an ironclad argument. This preparation is what forces insurance companies to make a serious settlement offer. In Bryan-College Station, where car accidents, oilfield injuries, and other serious incidents affect working families across Brazos County, having an attorney who can credibly threaten trial is not optional; it is essential.
How a Trial Lawyer Affects Settlement Negotiations
The vast majority of personal injury cases never see a courtroom. Most cases settle before a lawsuit is filed or before a lawsuit goes to trial. In Texas courts, the pattern is similar to national trends. According to the 2023 Annual Statistical Report for the Texas Judiciary, data shows a 4.2% overall trial rate for injury cases in Texas district courts, with jury trials occurring in only 1.1% of disposed cases.
Since most personal injury claims settle without going to trial, it could suggest trial experience is unnecessary. The reality is the opposite.
When you hire a trial lawyer from the outset, the insurer sees this, and it raises their costs significantly if they offer too low a settlement. To mitigate this risk, they often offer a larger settlement. Insurance adjusters evaluate your attorney’s track record as part of their risk calculations, and an attorney with jury verdicts on their resume creates a financial incentive for the insurer to settle at a fair amount. An attorney who has never stepped foot in front of a jury, on the other hand, signals to the insurance company that a quick, low settlement is the likely outcome.
What Makes a Board-Certified Trial Lawyer Different
In Texas, any licensed attorney can handle a personal injury case, but board certification signals a verified level of expertise that most attorneys never achieve. There are over 116,000 attorneys licensed to practice in Texas, and only about 6,850 have earned the right to be publicly recognized as Board Certified specialists in one of 28 select areas of law.
Of those, only about 1,253 are board certified in Personal Injury Trial Law, meaning roughly 1% of all attorneys licensed in Texas hold this credential.
The certification process is rigorous by design. Requirements include:
- Lawyers must have a minimum of five years of experience practicing law in their area of special competence
- At least three years of substantial involvement in personal injury trial law
- Must dedicate at least 25% of their practice to the specialty area.
- Served as lead counsel in at least ten contested civil trials submitted to a trier of fact, with at least five of those being civil jury trials
- Pass a comprehensive exam
- Peer references from both attorneys and judges
This means a board-certified trial lawyer has demonstrated courtroom competence under scrutiny, not just claimed it on a website.
Scott Scherr at The Payne Law Group holds board certification in Personal Injury Trial Law from the Texas Board of Legal Specialization, backed by over 30 years of experience in state and federal courts across Bryan, College Station, and the broader Brazos County area.
Settlement Mills vs. Trial-Ready Firms
When searching for a personal injury attorney, it helps to understand a key distinction in how law firms operate. Settlement mills are high-volume firms that focus exclusively on quick settlements and rarely go to trial. Insurance companies actually prefer dealing with these firms because they consistently settle for less than trial value. These firms often prioritize speed and volume over maximizing the value of each individual case.
A trial-ready firm operates differently. Cases are prepared with the same level of detail whether they settle in three months or go before a jury in two years. Witnesses are identified and prepared, evidence is preserved, and expert opinions are secured early. A true trial lawyer does more than file paperwork or negotiate pre-trial settlements. From the outset, the case is built with trial in mind, evidence is gathered meticulously, experts are consulted, and witness statements are documented.
This preparation serves two purposes. It strengthens the case for settlement and creates a solid foundation if trial becomes the right path. The difference between these approaches often translates directly into the size of the recovery.
Talk to a Board-Certified Trial Lawyer in Brazos County, TX
If you have been injured in Bryan, College Station, or anywhere in Brazos County, choosing a trial lawyer is one of the most important decisions you can make for your case. Scott Scherr at The Payne Law Group brings board-certified trial expertise, multi-million dollar results, and over 30 years of courtroom experience to every client. Consultations are free, and you pay nothing unless your case is won. Contact our office today to schedule your free consultation.