Do I Have to Go to Court for a Personal Injury Case?
If you’ve been injured in a car accident or any other type of personal injury, you might be wondering:
“Am I going to have to go to court?”
That’s a very common concern. A lot of my clients are already overwhelmed by the medical bills, the pain, and the paperwork—so the idea of standing in front of a judge or jury just adds more anxiety.
Here’s the good news: most personal injury cases never make it to trial.
Let me walk you through when court is (and isn’t) necessary—and what you can expect along the way.
Most Cases Settle Before Court
Let’s start here:
More than 90% of personal injury claims settle out of court.
Settlements happen during negotiations with the insurance company. After we’ve gathered evidence—like medical records, accident reports, and expert opinions—I send a demand letter outlining your injuries and the compensation we believe you deserve.
From there, we negotiate. And in most cases, we reach a fair settlement without ever filing a lawsuit.
So… When Would a Case Go to Court?
There are a few situations where going to court becomes necessary:
The insurance company refuses to offer a fair settlement
They deny liability completely (claiming their driver or insured wasn’t at fault)
They downplay the severity of your injuries
The case involves significant or permanent damages
There are complex legal or factual issues to resolve
In these cases, filing a lawsuit might be the only way to pursue the full compensation you deserve.
But even after filing, many cases still settle before trial—often during mediation or pre-trial negotiations.
What Is Mediation?
Mediation is a formal meeting between both sides (and their lawyers), guided by a neutral third party called a mediator. It’s not a courtroom—just a structured conversation to see if we can find common ground.
Many lawsuits are resolved here without ever setting foot in a courtroom.
What Happens If We Do Go to Trial?
If your case does go to trial, here’s what to expect:
You’ll likely be asked to testify
I’ll prepare you thoroughly and walk you through every step
The process is usually 1–3 days, not weeks
The jury (or judge) will hear evidence and decide the outcome
It’s not like TV—no surprise witnesses or shouting matches. My job is to keep things calm, focused, and make sure your story is told clearly and professionally.
Why I Always Prepare as If We’re Going to Court
Even if we never step foot in a courtroom, I build every case as if we might. That means strong documentation, expert opinions, detailed records, and legal strategy from day one.
This approach often leads to better settlement offers—because the insurance company knows we’re ready, and we’re not going to settle for less than what’s fair.
Final Thoughts
The idea of going to court can feel intimidating—but most of the time, it never comes to that. And if it does, you won’t be walking in alone.
If you’ve been injured and are unsure about what to expect from the legal process, call Chatenka Injury Law today for a free consultation.
I’ll explain your options, answer your questions honestly, and help you move forward—with or without a courtroom.
