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Do Personal Injury Lawyers Go to Court?

If you’re considering hiring a personal injury lawyer, you may be wondering if they actually go to court. The answer is: it depends. Some personal injury cases are settled out of court, while others may go all the way to a trial.

A personal injury case is a complex process followed by an injury attorney. The rules can vary state-wise and can be regulated by multiple authorities. Remember, 90% of personal injury cases settle before going to trial. Indeed, the court process of these cases is time-consuming and expensive. After going to court, the settlement completely varies on the jury’s decision.

Additionally, there is a statute of limitation that restricts how long a victim can file a personal injury lawsuit. On the other hand, how long the case can go has no time limit. That’s why, injury attorneys tend to settle their cases outside of the court. Still, your lawyer can go for a court trial for various reasons. Below is a detailed explanation of why personal injury lawyers go to court and the benefits to settle the case before trial.

Reasons Why Your Personal Injury Lawyers Go To Court?Reasons Why Your Personal Injury Lawyers Go To Court

Both victims and lawyers want to settle a personal injury case outside the court. Still, the occasion doesn’t always go as you plan. Several factors vary when a lawyer needs to file a lawsuit and go to a court trial. So the following are below.

The insurance company deny your demand package

Before settling a personal injury case, there are several rounds of negotiations happening between both parties. In most cases, the insurer doesn’t want to be fair or deny the demand package you are eligible for. On this occasion. Your lawyer may take the risk to go for a court trial. However, it only happens if the attorney feels the recovery amount is higher than the insurer offers or if your case has the potential to win and settle with handsome compensation.

You have complaining evidence

As the lower evidence can damage your case-winning possibilities, similarly if you have more complaining evidence, the recovery amount will be huge. Juries are sensitive to legit evidence to favor their eligible prospects. In this case, your lawyer will examine the documents, proof, and reports and determine whether it is considered to go for a court trial.

Your case eligible for punitive damages

Punitive damages are considered an award to the victim paid by the defendant. It is a penalty for the faulty party who injured a person due to their negligence. If your lawyer finds the case is worth punitive damage, they will go for a court trial. In this case, victims can get paid additional dollars for their loss including the demand package.

Why Personal Injury Lawyers Settle Out of Court

There are many several conditions that vary when a lawyer visits the court for your personal injury case. Still, as we mentioned, the majority of the settlement ends before going for a court trial. Indeed there are many reasons available when a personal injury case settles outside the court.

  • Case settled if you demand a package is minimum due to limited injuries, the insurer will pay instead of wasting time on court expenses.
  • Case settled If you have strong evidence against the faulty party, and the insurer believes they may have to pay more dollars if the case goes to trial
  • If you have a reputed and experienced injury attorney on your side, the insurer may be interested in an outside settlement instead of a court trial.


So above are the detailed guides about when a personal injury lawyer goes to court and why most cases settle before the trial. We hope you get all the required answers related to the topic. So remember, always hire an experienced regional injury attorney for your case. They will understand the regulation and act according to the process.

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