Why Are Divorce Trials so Risky?

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Personal Injury Lawyer Attorney | Magnuson Lowell Redmond WA Duvall WA

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Each week we post a blog about relevant legal issues.  Glance through our various topics to learn more about a particular legal situation.

These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.

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Why Are Divorce Trials so Risky?
Written By: Josh Lowell ~ 9/25/2023


Divorce is undoubtedly one of the most emotionally and financially challenging experiences a couple might encounter. When partners decide to part ways, they often hope to do so amicably and with as little conflict as possible. However, sometimes disputes cannot be resolved through negotiation or mediation alone, leading to the prospect of a divorce trial. Trial is often a risky endeavor, which is what makes settlement so attractive. But, why?

Uncertainty of Outcome

One of the primary reasons divorce trials are considered risky is the uncertainty of the outcome. In a trial, a judge makes the final decisions about property division, child custody, spousal support, and other important matters. Unlike negotiation or mediation, where both parties have some control over the outcome, a trial leaves these decisions in the hands of a third party. This can be nerve-wracking, as you cannot predict with certainty how the judge will rule.

Emotional Toll

Divorce trials can be emotionally draining for everyone involved, including the divorcing couple, their children, and even their extended families. The adversarial nature of a trial exacerbates conflict and bitterness, leading to heightened emotions and strained relationships. The emotional toll can be especially challenging for children who may have to speak with investigators and endure tension between their parents.

Financial Costs

Divorce trials can be expensive. Legal fees, court costs, expert witness fees, and other expenses can quickly add up, leaving both parties financially strained. Unlike negotiated settlements, where couples have more control over costs, trials can lead to a substantial drain on resources. Moreover, if the outcome is unfavorable, it can lead to long-term financial consequences.

Time-Consuming Process

Divorce trials are not quick affairs. The process can be protracted, with hearings, motions, and other legal procedures taking months or even years to conclude. During this time, the emotional and financial toll can intensify, making it challenging for individuals to move forward with their lives.

Public Record

Divorce trials are typically conducted in open court, meaning that the proceedings and outcomes can become a matter of public record. This lack of privacy can be uncomfortable for those involved, as personal and sensitive information may become accessible to the public.

While divorce trials are sometimes necessary to resolve complex and contentious disputes, they are often viewed as a last resort due to the inherent risks involved. The uncertainty of the outcome, emotional toll, financial costs, time-consuming process, unpredictable legal strategies, and the public nature of the proceedings all contribute to the perceived riskiness of divorce trials.

If you find yourself facing the possibility of a divorce trial, it's essential to consult with an experienced family law attorney who can provide guidance and support throughout the process. They can help you weigh the risks and benefits of pursuing a trial versus seeking alternative dispute resolution methods, ultimately working toward a resolution that is in your best interests. Remember, every divorce case is unique, and the best approach will depend on your specific circumstances. Call today for a free case evaluation.

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Taking the Settlement and Avoiding Trial: The Benefits of Settling Personal Injury Cases
Written By: Josh Lowell ~ 9/18/2023


When you've been involved in a car accident, the aftermath can be overwhelming. Dealing with injuries, medical bills, and the stress of a legal battle can be emotionally and financially draining. That's why many people often wonder whether they should settle their personal injury car accident cases or take them all the way to trial. Here are some of the great reasons to consider settling your case short of trial.

Cost-Effective Solution:

One of the primary reasons to consider settling a personal injury car accident case is the cost-effectiveness of this option. Litigation can be a lengthy and expensive process. Attorney fees, court fees, expert witness fees, and other legal costs can quickly accumulate, potentially outweighing any potential increase in compensation from a trial verdict. Settling can help you avoid these additional expenses and put money in your pocket sooner.

Faster Resolution:

Litigation and trials can take months or even years to conclude, depending on court schedules and the complexity of your case. On the other hand, settlements can often be reached more quickly, allowing you to move on with your life. If you're facing mounting medical bills and lost income, a swift settlement can provide much-needed financial relief.

Reduced Stress:

Litigation can be emotionally draining. The prospect of testifying in court, cross-examination, and the uncertainty of a trial's outcome can take a toll on your mental well-being. Settling can help you avoid the stress and anxiety associated with a courtroom battle, allowing you to focus on your recovery.

Control Over the Outcome:

In a trial, the outcome is in the hands of a judge or jury, which can be unpredictable. When you settle, you have more control over the result. You and the opposing party can negotiate terms that are mutually acceptable, ensuring that you get a satisfactory resolution.


Trials are public proceedings, which means that your personal and medical information may become part of the public record. Settling a case allows you to maintain your privacy and keep sensitive information confidential.

Predictable Outcome:

Trials involve risks. There is no guarantee that you will win, and if you do, the compensation awarded may not meet your expectations. Settling offers a more predictable outcome, as you can negotiate the terms and compensation package with the other party.

Closure and Moving Forward:

Settling a case can provide closure and allow you to move forward with your life. It eliminates the uncertainty of a trial and the potential for lengthy appeals. With a settlement, you can put the legal process behind you and focus on your recovery and future.

While there are situations where going to trial may be necessary, settling a personal injury car accident case offers numerous benefits. It's often a more cost-effective, quicker, and less stressful option that provides you with more control over the outcome. Ultimately, the decision to settle or go to trial should be based on the unique circumstances of your case. Consulting with an experienced Washington personal injury attorney can help you make an informed choice and pursue the path that is most advantageous for your specific situation. If you have any questions or need legal assistance, don't hesitate to reach out to our team for expert guidance. Call today for a free case evaluation.

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The Impact of Social Media on Car Accident Claims in Washington State
Written By: Josh Lowell ~ 9/11/2023


In today's digital age, social media platforms have become integral. From sharing vacation photos to updating our friends and family about our daily activities, we use these platforms to connect and communicate. When it comes to car accident injury claims in Washington State, what you post on social media can have a significant impact on the outcome of your case.\

The Double-Edged Sword of Social Media

Social media can be a powerful tool for documenting your life, but it can also be a double-edged sword in the context of a car accident claim. Insurance companies and opposing legal teams often scour social media profiles looking for information that can be used against you. Here's how your online activity can affect your claim:

1. Evidence Preservation:

Incriminating Photos: Posting pictures or videos of yourself engaging in physical activities or social events after a car accident can be used to argue that your injuries are not as severe as you claim.

Conflicting Statements: Any statements made on social media about the accident, your injuries, or the responsible party can be used to challenge your credibility or the consistency of your testimony.

2. Privacy Invasion:

Friend Requests: Be cautious about accepting friend requests or connection requests from unknown individuals, as they might be insurance adjusters or investigators trying to access your posts.

Geolocation: Some social media platforms automatically tag your posts with your location. It’s often recommended to this feature to prevent anyone from tracking your movements.

3. Communication with Legal Counsel:

Avoid Discussing Your Case: Resist the temptation to discuss the details of your car accident case or your conversations with your attorney on social media. These discussions should remain confidential.

Tips for Safeguarding Your Car Accident Claim on Social Media

While it's essential to exercise caution when using social media during a car accident claim, you don't have to abandon it entirely. Here are some tips to help protect your interests:

  • Adjust Your Privacy Settings: Review and update your privacy settings on all social media platforms to limit access to your posts and personal information.

  • Think Before You Post: Before sharing anything related to your accident or injuries, consider how it might be perceived by others, including insurance companies and opposing counsel.

  • Disable Geolocation Services: Turn off location tagging on your mobile device and within social media apps to prevent others from tracking your whereabouts.

  • Consult Your Attorney: Always consult with your car accident attorney before posting any content related to your case. They can provide guidance on what is safe to share and what should be kept confidential.

  • Archive or Temporarily Deactivate Accounts: If you have concerns about your online activity affecting your claim, consider archiving or temporarily deactivating your social media accounts until your case is resolved.

In Washington State, as in many other places, social media can either bolster or jeopardize your car accident claim. It's crucial to be mindful of what you post and how it may be perceived by others involved in your case. When in doubt, consult with your attorney to ensure that your online presence does not undermine your efforts to secure fair compensation for your injuries and damages. At the law offices of Magnuson Lowell PS, we offer free case evaluations to help you understand your rights after a car accident. Call today - 425-800-0572

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