Why We Go to Trial When Others Settle — The Byron Bailey Difference

April 13, 2025

In Texas, the vast majority of personal injury attorneys settle every case they take. Many have never tried a case to a jury verdict. That's a business model — but it's not always the best outcome for clients. Here's why Byron C. Bailey & Associates operates differently.

The Insurance Company Knows Who Goes to Trial

Insurance defense teams maintain internal records on plaintiff attorneys. They know who files lawsuits versus who just sends demand letters. They know who has actually tried cases to verdict — and who hasn't. When you're represented by a lawyer with a genuine trial record, the insurer's calculus changes. The risk of a large verdict forces them to offer fair settlement value. When you're represented by someone who never goes to trial, they low-ball — because they know there's no real threat.

Settling Is Sometimes Right — But Only at Full Value

We don't go to trial for sport. When a fair settlement is on the table, we take it. Our clients come first. But "fair" means full compensation for every medical bill, every lost paycheck, every hour of pain, and every dollar of future need. We don't accept less just because litigation is inconvenient.

What Our Trial Preparation Looks Like

From day one of your case, we build the trial file: a clear liability story, complete damages documentation, expert witnesses ready to testify, and a compelling narrative that a jury can understand and connect with. That preparation is why we can threaten trial credibly — and why insurance companies respond.

When We Go to Verdict

When insurers refuse to be reasonable, we take cases to trial. We present evidence clearly, cross-examine defense witnesses aggressively, and trust Texas juries to do the right thing when they hear the full story. Our track record reflects that trust.

Frequently Asked Questions

Q: How do I know if my attorney has actually tried cases?
A: Ask them directly. Ask how many jury trials they've handled in the last three years. The answer tells you everything about their leverage in settlement negotiations.

Q: Does going to trial take much longer?
A: Yes — litigation adds time. But in serious injury cases, that additional time often results in significantly higher recovery. We'll be honest about the tradeoff for your specific situation.


 Injured in Texas? Call Byron C. Bailey & Associates FREE: 214-891-7434| byronbaileylaw.com. No fee unless we win.

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