Do I have to go to court for my personal injury case?
In most cases, no — the vast majority of personal injury cases (commonly estimated at over 90–95%) settle out of court without ever reaching a trial. Settlement can happen at many stages: before a lawsuit is even filed, during the litigation and discovery process, at a mediation or settlement conference, or even on the eve of trial. When a case settles, you do not appear before a judge or jury. However, you should understand that resolving a case sometimes requires filing a lawsuit, which initiates formal litigation — but filing suit does not mean you will necessarily go to trial; it is often a negotiating step that increases pressure on the insurer to offer fair value. If your case does proceed toward trial, you may be required to participate in certain proceedings such as a deposition (out-of-court sworn testimony) and, ultimately, to testify at trial if no settlement is reached. Even then, your attorney handles the vast majority of the work and court appearances. The likelihood of actually standing before a jury is low, but retaining an attorney who is genuinely willing and able to try your case is the single biggest factor in obtaining a strong settlement — insurers offer more to claimants they believe will follow through to trial.
For informational purposes only. Not legal advice. Consult a licensed attorney.