Personal Injury Claim: Will I Have to Go to Court?

Do I Have to go to Court for my Personal Injury Claim?

Individuals who are injured as a result of a motor vehicle accident, boating accident, trucking accident, motorcycle accident, or slip-and-fall oftentimes wonder whether or not they’ll have to go to court if they contact an attorney or pursue a personal injury claim.

The short answer is: it depends. If you were injured in an accident that was not your fault, and you’re nervous about pursuing a claim because of the daunting possibility of going to court, rest assured that the vast majority of personal injury cases in Missouri settle outside of court through negotiations with insurance companies. Only approximately 5% of personal injury cases in Missouri go all the way to trial.

There are several factors to consider when deciding whether or not to settle outside of court, including, but not limited to, the complexity of the case, the history of negotiations in the case, whether or not there are liability issues, personal circumstances of the injured victim, and the overall strength of the case.

Although it’s always a possibility to go to court in any personal injury case, the vast majority settle before ever reaching trial. Ultimately, the decision to settle or proceed to trial is an important one, and should be carefully made after discussion with an experienced personal injury attorney.