Most of the time, no. The majority of cases (more than 90%) are settled prior to “going to court”.
Many cases are settled after a demand is presented to an insurance carrier and before filing a lawsuit. That usually saves time, money, expense, and unwanted aggravation for everyone involved. However, it is not always the best option. In certain cases, litigation is the best course of action.
Filing a lawsuit and “going to court” are not the same. A lawsuit begins by filing a “pleading” with the Court called a Complaint. Filing a Complaint is the first step in the litigation process that may ultimately conclude with a trial. However, filing a lawsuit does not automatically result in a trial or necessitate a court appearance. Many lawsuits are resolved prior to trial; in fact, the vast majority of lawsuit are settled before trial.
Hiring an injury attorney is the best way to ensure that you are taking the right course of action for your case. A knowledgeable and experienced injury attorney will offer his or her professional opinion. Ultimately, choosing to settle, litigate, or go to trial is the client’s decision. An injury attorney should not (and cannot ethically) force a client to accept a settlement, litigate a case, or take a case to trial.