Do I Have to Go to Court After Filing a Personal Injury Claim?

March 7, 2023

According to the CDC, there are around 57.5 million visits to medical offices each year due to injuries.

While many of these injuries are the result of minor accidents on the part of the injured, some of them were the result of negligence on the part of someone else. Unfortunately, the line dividing who’s at fault can become blurry, which is why it’s often hard to fight for compensation with a personal injury claim.  

Worse, when your settlement doesn’t go the way you want, you may start to wonder if you’ll have to go to court to get what you deserve. Let’s take a look at when and why a court battle may become appropriate.

How a Personal Injury Lawsuit Unfolds

Your case begins after you file a claim about your personal injury. You’ll send this claim to the person or entity that caused your injury.

The claim outlines what happened, why you believe the defendant acted with negligence, and how their behavior caused your injury. In addition, the claim will detail the damages and compensation you’re looking for. Though you can put this information together yourself, working with an attorney can help you build your case.

Once the other party has had time to investigate your claim, they will respond. Often, this response attempts to poke holes in your evidence and provides a low counteroffer. 

This starts the back-and-forth negotiations between you and the other party. To see results, you’ll often need to use the same negotiation tactics you’d use for a car insurance claim. Though these negotiations can take time, dealing with them is often much faster than going to court.

Do I Need to Go to Court?

In most cases, you won’t have to appear in court for a personal injury claim. The majority of cases end up settling outside of court.

However, you may need to appear in court if it becomes impossible to reach a satisfactory settlement. When an insurance company won’t stop throwing out lowball offers, our lawyers often advise taking a case to trial to get the compensation our clients deserve.

How Can I Avoid a Trial?

Going to court can involve legal fees on both sides. It’s also a time-consuming process that can take months or years to resolve. In other words, it should come as no surprise that most parties on either side of a personal injury case will wish to avoid a trial.

If you want to increase your chances of avoiding a trial, there’s an easy tactic worth trying: seeking legal help can often lower your chances of going to court. 

When insurance companies know that you have a personal injury lawyer on your side, they understand that you aren’t willing to accept less than you deserve. A lawyer is also a sign that you’re willing to go to trial if you need to. Fortunately, insurance companies often want to deal with a court case even less than you do, especially when they’re at risk of losing more money due to your lawyer’s expertise. 

Let Us Help Your Personal Injury Claim

If you’ve filed a personal injury claim, you don’t have to go through the legal process alone. As Boston’s trusted source for legal support after a personal injury, Michael Kelly Injury Lawyers can help.

Our expert team of attorneys will make sure you get the compensation you deserve for your injuries while holding the at-fault party responsible. For a free consultation, call us at 1-800-LAW-GUYS or contact us online.

How can we help?

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MEET YOUR LAW GUYMICHAEL D. KELLY, ESQ.

Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.