The short answer is: no, you likely will not have to go to court. Most personal injury cases are resolved through a private settlement agreement long before they ever reach a judge or jury. While television dramas often depict every legal battle ending in a heated courtroom showdown, the reality of the personal injury court process is much more focused on negotiation and resolution outside the courtroom.
Most Cases Settle Out of Court
A personal injury case, especially a car accident case can resolve in one of two ways: through a claim settled directly with the insurance company, or through a formal lawsuit filed in court. The vast majority of these cases, often as many as 95%, settle before a trial ever begins.
A lawsuit is only filed if a fair agreement cannot be reached during the claim phase. Settling out of court is often the preferred path because it offers:
- Guaranteed Recovery: A settlement provides a specific, agreed-upon amount, whereas a jury trial carries the risk of receiving nothing.
- Speed: Settlements typically resolve much faster than waiting for a court date.
- Privacy and Closure: Settlement agreements are private contracts, allowing you to move forward without a public trial.
When Does a Personal Injury Case Go to Court?
Our goal is always a fair settlement that compensates you for a loss after an accident that wasn’t your fault. While rare, there are specific circumstances where taking a case to trial is necessary to ensure you receive the maximum compensation. This typically happens in two scenarios: disputed liability or the insurance company lowballing you.
Disputed Liability
If the insurance company denies that their policyholder was at fault, a judge or jury may be required to review the evidence and determine liability.
The Insurance Company Offers an Unfair Settlement
In some instances, insurers act in “bad faith” or provide “lowball” offers that do not cover the true cost of your injuries. This is particularly common in cases involving catastrophic injuries, such as a traumatic brain injury (TBI) or loss of limb, where long-term care costs are substantial.
What Happens if Your Personal Injury Case Goes to Court?
If your case is filed in court, it does not automatically mean you will have to testify or that a trial will even occur. Many cases continue to move through standard phases and often settle before a verdict is ever reached.
We’re Prepared to Go to Trial
At Shamieh Law, we prepare every case as if it is going to trial. This proactive approach often encourages insurance companies to offer a fair settlement early because they know we are ready to fight for the compensation you deserve to help you recover. Some cases even settle in the middle of a trial.
The Discovery Phase & Depositions
“Going to court” usually begins with the Discovery Phase. This is a standard period involving the exchange of evidence and record-collecting. During this time, attorneys may conduct depositions (interviews under oath) to clarify the facts of the accident.
Trial: Presenting Your Case to a Jury or Judge
In the rare event of a trial, your attorney will present opening statements, call witnesses, and provide evidence. There are two primary types of trials:
- Jury Trial: A group of citizens listens to the evidence and renders a verdict.
- Bench Trial: A judge hears the case and makes the final decision without a jury.
Let Shamieh Law Handle the Legal Details While You Focus on Recovery
Navigating the legal system can be overwhelming, but you don’t have to do it alone. Whether you are in Dallas, Austin, or Lake Charles, our team handles the “legal heavy lifting”. Our goal is to manage the complexities of your case so you can focus entirely on your physical and emotional healing.
If You’ve Suffered an Injury Due to Someone Else’s Negligence, Contact Us Today at (469) 813-7332