Does bringing a personal injury case mean going to trial?

On Behalf of | May 23, 2024 | Personal Injury |

If someone else’s negligence results in your injury, you might consider filing a personal injury claim. One common concern people have is whether bringing a case means it will inevitably end up in a courtroom trial.

Understanding the facts about injury cases and court hearings will help you decide on the right path for your needs.

The personal injury claims process

When you file a personal injury claim, the first step is typically to send a demand letter to the at-fault party’s insurance company. This letter outlines your injuries, the circumstances of the incident and the compensation you desire. The insurance company will then investigate the claim and may respond with a settlement offer to close your case with a lump sum payment.

Negotiation and settlement of the case

Many personal injury cases end with negotiation and settlement. Your representative will work with the insurance company to reach a fair agreement that covers your medical expenses, lost wages and other damages. If you can reach a satisfactory settlement, there is no need for a trial.

When you may need a trial

If the insurance company denies liability, disputes the extent of your injuries or offers an unreasonably low settlement, you may need a lawsuit and court proceedings. In these situations, a judge makes the determination on your case.

Although many personal injury cases settle out of court, litigation can help you get the compensation you deserve. Sometimes you need court intervention to protect your interests after an accident, especially with a resistant or difficult insurance carrier.


attorneys Brad Culpepper and Brett J. Kurland