Do You Need to "Go to Court" on Your Personal Injury Claim?

If you have been injured due to someone else's carelessness, you already have a lot on your mind. How to pay for medical bills? How to pay your bills when you can't work? Who will take the kids to practice or daycare? There's also the question of whether you should hire a lawyer.

This article assumes your injury is severe, and you have already hired an attorney. But then another question often arises: Should I settle my case, or "Go to court"?

Forklift Injuries at Work Place Personal Injury Claim!

This is not an easy question.

Once you're finished with medical treatment, your attorney should promptly put together a settlement package to send to the insurance company. If this "takes forever", then that is a bad sign about your lawyer.Then when the insurance company makes a settlement offer, you should discuss it at length with your attorney. Ask questions.

It usually takes several rounds of back and forth between your attorney and the insurance company before a reasonable offer is obtained.Then if you're not satisfied, what do you do? Your attorney should explain to you all the possible outcomes. Whether the insurance company's offer is reasonable. Whether you should accept the offer or file a lawsuit.

If you feel like you are being reasonable, but your attorney is still "strong-arming" you, then that is another bad sign about your attorney. (Of course, the key is for you as the client to be reasonable and realistic. Insurance companies never pay what you think your injury deserves.)Ask your lawyer if she thinks the offer is reasonable.

Claiming a Personal Injury Lawsuit

If the lawyer says it's too low, then you should probably file suit. But keep in mind: There are no guarantees! You could lose your case at trial and end up with nothing. Also, pursuing a lawsuit is expensive. Your lawyer will probably pay your expenses along the way, but when the case settles or wins at trial, you will have to repay the expenses, on top of your attorney fee.


Different insurance companies do things differently. Some will pay fair settlements, but some won't. Nowadays, it's common to have to go to court in order to get fair value on an injury claim. Talk this over with your lawyer early on! Ask them if they are willing to go to court if necessary. Then when the time comes, hold them to it!