If you have suffered a personal injury, you may wonder if you must go to court to seek compensation. There are several ways that you can obtain recovery for your personal injury. How you proceed in a personal injury case depends on the facts and circumstances of your situation and the advice of your personal injury attorney. There is one constant factor: the insurance company often fears litigation. Not only must they pay for their defense, but they may also cede any control they have in your case to a jury that will decide whether the defendant is liable and how much money you should receive.
Thus, hiring an experienced personal injury lawyer to represent you in your case is vital. Without a personal injury attorney, the insurance company will not have to fear the possibility that you may go to court. When insurance companies see that you have retained a personal injury lawyer, they know you mean business and will respect your legal rights. Otherwise, insurance companies may pay even more in your case than they would have had you reached a settlement before it went to trial.
However, going to court does not automatically mean that your case will end up in front of a jury, as there are numerous off-ramps to reach a settlement agreement before a potential trial. Your personal injury attorney will guide you through the process and work tirelessly to get a fair settlement that covers your medical expenses, lost earnings, and pain and suffering.
Factors That May Influence Whether You Need to Go to Court
Deciding when to file a personal injury lawsuit instead of settling directly with the insurance company depends on several factors. While you can resolve many personal injury claims through negotiations with insurance adjusters, sometimes a lawsuit becomes necessary to protect your rights and secure fair compensation.
You may need to file a lawsuit if the insurance company refuses to offer a reasonable settlement or denies your claim outright. Insurance companies often try to minimize payouts to protect their profits, resulting in lowball offers that don’t fully cover your medical bills, lost earnings, or pain and suffering.
A lawsuit is also advisable if the extent of your injuries is severe or long-lasting and the total damages are substantial. In such cases, reaching an agreement with the insurance company may not be feasible without the pressure of a court case. If the insurance company is disputing liability or the other party claims you are partially at fault, a lawsuit may be necessary to argue your case before a judge or jury.
Additionally, suppose the insurance policy limits are insufficient to cover your damages. In that case, you might need to file a lawsuit to pursue compensation from other responsible parties or through other legal means. The defendant in the case will be liable to pay you any amount uncovered by insurance if their policy is not large enough to cover the entirety of your damages (although personal injury judgments are notoriously difficult to collect, especially because the defendant may turn around and declare bankruptcy).
Finally, filing a lawsuit is essential to ensure a formal discovery process, which allows your attorney to gather evidence, depose witnesses, and build a stronger case. You may not have enough proof at the outset of the case to win. Much of the evidence you need to prove your case may be in the hands of the defendant. Discovery allows you to make reasonable and tailored requests to obtain this evidence, and the defendant has a legal obligation to provide it. Discovery also lets you speak directly with the defendant and their witnesses during a deposition.
Your personal injury attorney can help you evaluate these factors and decide the best action to maximize your recovery.
Many Personal Injury Cases Reach an Informal Settlement Without a Lawsuit
Many personal injury claims reach a resolution through informal settlement agreements without ever going to court. These agreements are often the most efficient and cost-effective way to resolve disputes after an accident. Insurance companies generally prefer settlements because they avoid the time, expense, and unpredictability of a trial.
In an informal settlement, both parties—typically the injured person and the insurance company—agree on fair compensation to cover medical expenses, lost earnings, pain and suffering, and other damages. Once agreed on, the injured party usually signs a release form waiving the right to pursue further claims related to the accident.
Your personal injury lawyer may advise you to begin your case by filing an informal claim with the insurance company. The only thing you have to lose is the time it takes for the insurance company to respond to your claim and negotiate with you. In some cases, it may be worthwhile to file a claim to avoid the lawsuit process entirely.
The settlement process often begins with negotiations between your personal injury attorney and the insurance adjuster. Your attorney will present evidence such as medical records, accident reports, and witness statements to demonstrate the strength of your claim. This documentation helps support a reasonable settlement demand.
Informal settlements allow for faster resolution, which means you can access compensation sooner, helping you cover bills and recovery costs without lengthy delays. However, it is important to carefully review any settlement offer with your attorney to ensure it truly reflects the value of your claim.
While many cases will reach a settlement informally, some complex or disputed claims may still require litigation. Your attorney can advise whether accepting a settlement or pursuing a lawsuit is in your best interest, balancing potential risks and rewards.
What Happens if Your Personal Injury Case Goes to Court?
If your personal injury case goes to court, the informal settlement attempts were unsuccessful, and the legal process will decide your claim. Going to court begins with filing a formal complaint outlining your allegations and the damages you seek. The defendant (the party you’re suing) will then respond with an answer.
Next, the case enters the discovery phase, where both sides exchange evidence, including medical records, accident reports, witness statements, and expert testimony. Attorneys may take depositions, allowing them to question witnesses under oath. This process helps both parties assess the strengths and weaknesses of their cases.
After discovery, either side may file pre-trial motions to resolve legal issues or ask the court to dismiss specific claims. Often, the court will encourage or require the parties to engage in mediation or settlement discussions to avoid the time and expense of trial.
The case proceeds to trial if the parties cannot reach a settlement. Both parties present evidence and arguments at trial before a judge or jury. You can testify, call witnesses, and present expert opinions. The defendant will do the same. After hearing the case, the judge or jury deliberates and issues a verdict, deciding whether the defendant is liable and the amount of compensation they owe, if any.
Going to court can be lengthy and emotionally challenging, but it also provides an opportunity to obtain fair compensation when negotiations fail. Your attorney will guide you through every step, advocating on your behalf to protect your rights and pursue the best possible outcome.
A Personal Injury Lawsuit May Increase the Pressure on the Insurance Company
Filing a personal injury lawsuit significantly increases the pressure on the insurance company to offer a fair settlement. Before the plaintiff files a lawsuit, insurance companies often handle claims through negotiations with the injured party or their attorney. However, these negotiations can sometimes result in lowball offers or delays as insurers attempt to minimize their financial exposure.
Insurance companies face new urgency and risk when you file a lawsuit. A lawsuit formally notifies them that you are serious about pursuing your claim through the legal system, which puts pressure on the insurer to evaluate the strength of your case carefully. The threat of going to trial motivates insurers to reconsider their offers because trials can be expensive, unpredictable, and time-consuming.
Once the plaintiff files a lawsuit, the discovery process begins, allowing both sides to obtain evidence, depose witnesses, and assess liability and damages. This transparency often makes it harder for insurance companies to deny valid claims or undervalue your injuries.
The possibility of a jury trial and a significant verdict further incentivizes insurance companies to negotiate a reasonable settlement. Juries can award substantial compensation for medical bills, lost earnings, pain and suffering, and even punitive damages if the insurer or insured acted recklessly. The insurance company may end up liable to its policyholder in a bad faith lawsuit if it had a chance to settle the claim and did not, leading to personal liability for the client. Thus, insurance companies are playing a dangerous game if their conduct effectively dares you to go to trial, as the outcome can be far worse for them. It is not uncommon for an insurance company to take your case right up to the brink of a trial before making a reasonable settlement offer on the eve of the hearing.
Moreover, litigation raises the insurer’s legal costs, encouraging them to settle rather than endure a prolonged court battle. Insurance companies must pay for their attorney, while your personal injury lawyer works for you on a contingency basis. Because insurance companies must foot their legal bill, they may be more willing to settle informally when they see that you have hired an experienced personal injury attorney to represent you.
Your personal injury attorney can use the lawsuit as leverage to push the insurance company toward a fair resolution. By demonstrating that you are ready to take your case to court, you increase your chances of receiving the compensation you deserve without enduring the stress of a trial. At the same time, you do not need to pay your personal injury lawyer anything out of your pocket since they are working for you on a contingency basis. This arrangement means that your attorney will receive a percentage of your settlement or jury award. You do not have to pay them anything if you do not win.
Your Personal Injury Case May Reach a Settlement Before You Go to Trial
Going to court does not always mean your personal injury case will go to trial. In fact, most personal injury cases in the court system reach a resolution before a trial begins. This situation often occurs because trials are costly, time-consuming, and unpredictable for both parties. Only a small percentage of personal injury lawsuits will end up in front of a jury, even if you must first go through all the pre-trial steps.
At any point during litigation, the parties may choose to engage in settlement discussions or mediation, a form of alternative dispute resolution where a neutral third party helps facilitate a mutually acceptable agreement. A judge may even order you and the insurance company into mediation to preserve court resources, especially when they think there is a reasonable chance of a settlement agreement. Many cases settle during or after discovery because both sides recognize the risks and costs of going to trial.
Settlements reached through negotiation or mediation allow plaintiffs to receive compensation more quickly, avoid the stress of a trial, and reduce legal expenses. Defendants often prefer settlements to limit their financial exposure and avoid public trials that can damage their reputations.
Only a small percentage of personal injury cases proceed to a full trial, where a judge or jury hears the evidence and makes a binding decision. If your case goes to trial, your attorney will advocate aggressively on your behalf, making hiring a personal injury lawyer with courtroom experience critical.
Secure The Compensation You Deserve
Ultimately, going to court means your case is in the legal system, but it does not guarantee a trial. Your attorney will work to achieve the best possible outcome for you, whether through settlement or trial. Trust your lawyer to guide you through the process and advocate for your best interests every step of the way. Remember, their goal is to secure the compensation you deserve so you can focus on your recovery.