Trial lawyer vs. settlement lawyer
Almost every civil case can settle, and many should. The question is what the offer is based on. Insurance companies track which lawyers take cases to verdict. When they believe a lawyer will settle no matter what, they offer less, because they can. When they know a lawyer will try the case, the offer has to reflect what a jury might award.
A wrongful death trial lawyer prepares every case as if it will be tried: the investigation, the experts, the depositions, and the story the jury will hear. That preparation is what gives a family real leverage, whether the case ends in a settlement or a verdict.
The record: offers vs. verdicts
| Case | Pretrial offer | Jury verdict |
|---|---|---|
| Facility suicide wrongful death Santa Cruz County · 2019 | $350,000 + $100,000 | $11,000,000 |
| Motorcycle collision Santa Clara County | $200,000 | $5,000,000 |
| Pedestrian collision Los Angeles County | $100,000 | $3,000,000 |
| Barbara v. Stater Bros. Markets Orange County · 2025 | $100,000 | $1,741,489.95 |
Plus numerous additional eight-, seven-, and six-figure jury verdicts, including verdicts above the defendant's insurance limits. See all verdicts and case results.
Past results do not guarantee future outcomes. Each case is unique and decided on its own facts.
Winning cases where the defense blames the victim
The first three cases above have something in common: in each one, the defense said the person who was hurt or killed was to blame.
- In the facility suicide case, the facilities said the death was John Cunningham's own act and that his life was worth little because of his addiction.
- In the motorcycle case, the driver said the rider's speed caused the crash.
- In the pedestrian case, the driver said the pedestrian was unlawfully standing in the street.
Those are the arguments that make other lawyers settle cheap. Gavin's approach is to meet them head-on: build the case around the defendant's own choices and rules, show the jury what the defendant knew and what it chose not to do, and let the jury decide responsibility on the full story.
What makes a case trial-ready
- Early investigation. Records, video, and witnesses secured before they disappear.
- The right experts, retained early enough to shape the case rather than react to it.
- Depositions taken for trial, not just for discovery, so the key admissions can be played to the jury.
- A clear, true story the jury can follow from the first minute of opening statement.
- Jury selection and cross-examination practiced as crafts, not afterthoughts.
Gavin has worked for nine years with Joshua Karton, a founding instructor of the Trial Lawyers College, on storytelling, jury selection, cross-examination, and witness preparation. He is a former instructor in Reptile trial strategy.
Alone against the defense table
In the Cunningham trial, Gavin tried the case for the family over 12 days against lawyers from multiple defense firms, one team for each facility. The jury returned $11,000,000.
Recognized by trial lawyers
- American Board of Trial Advocates (ABOTA), member since 2014. Membership requires a record of civil jury trials tried to verdict.
- Orange County Trial Lawyers Association Top Gun Trial Lawyer of the Year: 2016 (Personal Injury) and 2020 (Professional Negligence).
- Consumer Attorneys of California, 2020 Consumer Attorney of the Year finalist for the Cunningham trial.
Questions to ask any wrongful death lawyer
- How many jury trials have you personally tried to verdict?
- Who will actually try my family's case if it goes to trial?
- Will my case be referred to another firm?
- What were the offers and verdicts in your recent trials?
- Can I speak with you directly while the case is pending?
For facility cases, see facility wrongful death in California. For the law itself, see the California wrongful death law guide. To learn more about Gavin, visit Harrison Gavin Long.