I’m Dustin Fox, lead attorney and founder of DFox Law. I earned the top grade in my law school class for Negotiation and Federal Rules of Civil Procedure—two pillars of effective legal strategy. I’ve taught classes on Negotiation Tactics, and I’m a Certified Mediator.

I’ve spent years studying how mediators think so I can outmaneuver bad offers and drive better outcomes for my own clients. In short: I don’t just play the game—I study the rulebook. And that’s made all the difference for the people who trust me with their cases.

Now Let’s Talk Trials — and Why They’re Not Always the Best Play

When people think of lawyers, they picture courtroom drama, surprise witnesses, and fiery closing arguments. But in personal injury law, the reality is far more strategic—and less theatrical.

In fact, most personal injury cases never go to trial, and many experienced attorneys will tell you: that’s often in the client’s best financial interest.

In Texas, civil “injury or damage” cases are very unlikely to go to jury trial:

• According to the Texas Judiciary’s 2023 Annual Statistical Report, injury/damage cases made up about 27% of civil filings, but less than 0.5% of all those cases were decided by jury trial.
• Nationally, the U.S. Department of Justice reports that 95–96% of civil cases settle before trial, meaning only around 4–5% of cases ever reach the courtroom.

These statistics reinforce a key point: the vast majority of personal injury claims are settled out of court. That makes negotiation strategy—not courtroom theatrics—the most vital skill when it comes to maximizing your outcome.

Here’s why.

The Trial Myth: More Risk, Not Always More Reward

It’s tempting to believe that “taking it to court” guarantees justice—and maybe even a bigger payout. But trials introduce uncertainty, delay, and costs that can chip away at your final settlement.

Let’s break that down:

❌ Filing Suit Adds Expenses

The moment you file a lawsuit, case expenses begin piling up. These include:

• Expert witness fees
• Court filing fees
• Depositions & transcripts
• Discovery costs
• Medical expert reviews
• Jury consultants (in some cases)

In Texas, these expenses are not paid upfront by the client. But they are reimbursed out of the client’s settlement or verdict—after attorney’s fees are taken out.

❌ Attorney Fees Often Increase

Many lawyers work on a tiered contingency fee system. For example:

• Pre-litigation: 33.3%
• Post-filing but pre-trial: 40%
• Trial or appeal: 45%

So, if you win more money at trial, but legal fees increase and case expenses balloon, you may actually walk away with less.

Game Theory 101: Maximize the Client’s Take-Home

Let’s use a simplified example:

The second number looks better on paper—but the client ends up with less money.

That’s where game theory comes in: it’s not always about “winning the biggest number”—it’s about maximizing client utility, or in this case, net recovery.

A smart attorney must assess:

• What is the insurance company willing to pay now?
• What is the risk-adjusted value of a verdict later?
• How much will be spent to “chase” that verdict?

Litigation is often a high-stakes poker game. And sometimes, knowing when to fold with a strong hand (i.e., settle) is smarter than calling the bluff and risking the whole pot.

The Only Number That Matters Is What You Take Home

In personal injury law, success isn’t measured by headlines or flashy verdicts. It’s measured by one thing: how much money ends up in my client’s hands when the case is over.

I don’t fight for show. I fight for results.

Yes, I’ve seen million-dollar verdicts that look great on paper—but after appeals, litigation costs, expert fees, and delays, the client walks away with less than they deserved. That’s not justice. That’s a courtroom performance.

I don’t play for the crowd—I play for the client.

That means I evaluate every case through one lens: what is the smartest path to getting you the most money in the shortest amount of time without compromising your future?

Six or twelve strangers don’t know you, your pain, or what you’ve lost. But I do. And that’s why my job is to protect your story and your recovery—not chase headlines for my wall.

Litigation Still Has Its Place

That doesn’t mean litigation is always the wrong call. There are situations where:

• Liability is denied
• The offer is insultingly low
• A client needs their “day in court”

In these cases, the risk of trial may be strategically necessary. But a good attorney doesn’t file suit to “look aggressive”—they do it to protect the client’s outcome.

Choose a Lawyer Who Knows Both Sides of the Game

At DFox Law, we’re not a “volume settlement mill.” We evaluate each case on its own merits. If we can get you a strong offer that maximizes your bottom line—we do that. If we need to go to court to fight for what’s fair—we do that too.

Litigation is a tool—not a trophy. And smart use of that tool can make all the difference in how much money ends up in your pocket.

Have questions about whether your case should settle or go to trial?
Let’s talk strategy. Call DFox Law today for a free consultation.