By Jeff Swiech, Personal Injury Attorney
Gallon, Takacs & Boissoneault
In most cases, the answer is no. Most personal injury cases are resolved through settlement before they ever reach trial. But that does not mean your attorney should prepare your case as though a trial will never happen.
“Most don’t, but I’m going to prepare as if it will.” – Jeff Swiech, Personal Injury Attorney, Gallon, Takacs & Boissoneault
That is how I approach a personal injury case from the beginning. Preparing the evidence, understanding the injuries, knowing the strengths and weaknesses of the case, and being ready to go to trial if necessary can also put us in a stronger position to have meaningful settlement discussions.
For someone who has never been involved in a personal injury claim, the difference between a claim, a lawsuit, and a trial can also be confusing. They are not the same thing, and filing a lawsuit does not automatically mean you are going to end up in a courtroom.
Here is what I want clients to understand about when a personal injury case may go to court, why most cases settle, and what happens if a lawsuit or trial becomes necessary.
Does Every Personal Injury Case Go to Court?
No. Many personal injury cases settle before trial, and some settle before anyone files a lawsuit.
A personal injury claim usually starts with gathering the facts. We look at what happened, the injuries involved, and the losses caused by the accident. That may include medical records, accident reports, photographs, witness information, and insurance records.
Once we understand the case, we can deal with the insurance company and discuss a fair resolution. If the insurance company accepts responsibility and offers fair compensation, there may be no reason to file a lawsuit.
If the insurance company disputes fault, questions the injuries, or refuses to offer fair compensation, we may need to file one. Even then, the case does not automatically go to trial.
A lawsuit moves the case into the court system and gives both sides a formal way to gather evidence and address disagreements. Settlement discussions can continue throughout that process.
Do Most Personal Injury Cases Go to Trial?
Most do not.
Trials take more time, preparation, and expense. They also come with uncertainty because a judge or jury makes the final decision.
But that does not mean I prepare less.
I believe the opposite is true.
“I remember a conversation I had with a well-respected judge who told me something that has stayed with me throughout my career. He said that if both the plaintiff’s attorney and the defense attorney truly know their cases, fully investigate the facts, and prepare them for trial, almost every case should be capable of settling. While no rule applies to every lawsuit, I think there is a great deal of truth in that observation.” – Jeff Swiech, Personal Injury Attorney, Gallon, Takacs & Boissoneault
When both sides fully understand the case, they can have more realistic settlement discussions.
That means knowing the evidence, understanding the strengths and weaknesses, reviewing the medical records, and considering what could happen at trial.
In many cases, preparing for trial helps make settlement possible.
Why Would a Personal Injury Case Go to Court?
A personal injury case may go to court when the two sides cannot agree on an important issue.
Sometimes they disagree about who caused the accident. The insurance company may deny responsibility or argue that the injured person shares some of the fault.
Other times, both sides agree about who caused the accident but disagree about the injuries or fair compensation.
That may include future medical treatment, permanent limitations, lost income, reduced earning ability, or the impact the injury has had on daily life.
More complicated cases may need additional investigation or expert opinions before both sides can fully evaluate the claim.
Sometimes, even after that work is done, the two sides still see the value of the case very differently.
If they cannot reach a settlement, a judge or jury may need to decide the case.
What Happens After a Lawsuit Is Filed?
Once we file a lawsuit, the case usually moves into a process called discovery. Discovery lets both sides gather information and evidence before trial.
That may include medical records, bills, written questions called interrogatories, photographs, employment records, depositions, and expert opinions.
Clients often ask me about depositions because they have never been through one before. A deposition gives attorneys a chance to ask questions under oath before trial, and it is completely normal to feel nervous about that.
Before a deposition, I make sure my client knows what to expect and the types of questions they may hear. The goal is not to memorize answers. It is to listen carefully, understand the question, and answer honestly.
Can My Personal Injury Case Still Settle After a Lawsuit Is Filed?
Absolutely. Filing a lawsuit does not end settlement discussions. In fact, many personal injury cases settle after litigation begins.
As the case moves forward, both sides often learn more. Depositions may give a clearer picture of what happened. New medical information may help explain the injuries, and expert reports may clarify important issues.
The court may also require or encourage mediation. During mediation, a neutral third party helps both sides discuss a possible settlement. The mediator does not decide the case or force either side to settle.
Settlement discussions can continue throughout the lawsuit, sometimes right up until trial. That is why I tell clients that filing a lawsuit and going to trial are not the same thing.
What Happens If My Personal Injury Case Goes to Trial?
If we cannot resolve the case, it may go before a judge or jury. At trial, both sides present evidence and explain their positions.
The attorneys usually begin with opening statements. They then question witnesses, which may include the injured person, eyewitnesses, police officers, treating physicians, or expert witnesses.
Both sides may also present medical records, photographs, video, employment information, and other evidence related to the accident and injuries.
After all of the evidence is presented, the attorneys make closing arguments. If a jury is deciding the case, the judge explains the law before the jury begins deliberating.
For many clients, testifying is the part they worry about most. If we reach that point, I make sure my client knows what to expect before walking into the courtroom.
The goal is not to memorize answers or put on a performance. It is to tell the truth and explain what happened.
How I Prepare a Personal Injury Case
When a client asks whether their personal injury case is going to court, my answer is usually the same.
“Most don’t, but I’m going to prepare as if it will.” – Jeff Swiech, Personal Injury Attorney, Gallon, Takacs & Boissoneault
That approach matters whether the case settles or goes to trial. I want to understand the evidence, the injuries, and the strengths and weaknesses of the case before we make important decisions.
That preparation also helps my client evaluate a settlement offer. I do not want someone accepting or rejecting an offer simply because they are tired of the process or nervous about what might happen next.
I want them to understand what the offer means, what the evidence shows, and what the risks and benefits may be if we continue.
“At the end of the day, whether to settle is always the client’s decision. My job is to explain the options, answer questions honestly, and provide the information clients need to make the decision that’s best for them.” – Jeff Swiech, Personal Injury Attorney, Gallon, Takacs & Boissoneault
That is an important part of the attorney-client relationship. I can give advice, make recommendations, and explain the risks, but the final decision belongs to the client.
Common Mistakes That Can Hurt a Personal Injury Case
While most people are focused on getting better after an accident, a few mistakes can make a strong personal injury claim harder to prove.
One is waiting too long to get medical treatment. If you are hurt, getting appropriate care matters for your health. Long gaps in treatment can also give the insurance company a reason to question how serious the injury is.
Social media can create problems too. A photo, comment, or video that seems harmless may be taken out of context and used later in the case.
I also do not want clients rushing into a settlement just because they want the process to be over. Before resolving a claim, I want them to understand their injuries, the treatment they may still need, and how those injuries could affect them going forward.
Following your physician’s recommendations matters as well. Consistent treatment supports your recovery and creates a clearer medical record of what you have experienced since the accident.
Will I Have to Testify?
Maybe, but many clients never testify at trial because their cases settle beforehand.
If a lawsuit is filed, you may still be asked to give a deposition.
If testimony becomes necessary, I want my client prepared ahead of time so they understand what will happen and what is expected of them.
You do not need to know legal terminology or memorize answers.
You need to listen carefully and tell the truth.
Does Filing a Lawsuit Mean My Case Will Go to Trial?
No.
Filing a lawsuit does not mean your personal injury case will definitely go to trial.
Many cases settle after litigation begins.
A lawsuit gives both sides a formal way to gather evidence, take testimony, and address disputes that could not be resolved earlier.
Settlement negotiations can continue at the same time.
Why Would a Lawsuit Be Filed If We Are Still Trying to Settle?
Sometimes a lawsuit is necessary to move the case forward.
The insurance company may not be willing to resolve the claim fairly, important facts may still be disputed, or additional evidence may be needed.
Filing a lawsuit gives us tools to obtain information and continue developing the case.
That does not prevent us from continuing to discuss settlement.
How Long Does a Personal Injury Lawsuit Take?
Every case is different.
A relatively straightforward case may resolve more quickly than one involving serious injuries, disputed responsibility, multiple parties, or extensive expert testimony.
Medical treatment can also affect the timing.
Sometimes we need to understand the full extent of an injury before the case can be evaluated fairly.
The important thing is not simply getting the case finished as quickly as possible.
It is making sure we have enough information to make good decisions about what happens next.
Who Decides Whether to Settle My Personal Injury Case?
You do.
I can explain a settlement offer, discuss the strengths and weaknesses of the case, talk about the risks involved in continuing, and give my recommendation.
But the final decision belongs to the client.
“At the end of the day, whether to settle is always the client’s decision. My job is to explain the options, answer questions honestly, and provide the information clients need to make the decision that’s best for them.” – Jeff Swiech, Personal Injury Attorney, Gallon, Takacs & Boissoneault
Will a Judge or Jury Decide My Personal Injury Case?
If a personal injury case reaches trial, disputed issues may be decided by a jury, although a judge may decide certain legal issues depending on the circumstances.
Most cases never get that far.
But I still believe in preparing every case so that if trial becomes necessary, we are ready.
Talk With a Personal Injury Attorney
If you have been injured, you should not have to guess about what comes next in your case.
Whether your claim can be resolved through settlement or eventually requires a lawsuit, you deserve to understand your options, the risks involved, and what each step means for you.
At Gallon, Takacs & Boissoneault, our personal injury attorneys represent injured individuals and families throughout Northwest Ohio, Southeast Michigan, and Northeast Indiana. We handle cases involving car accidents, truck accidents, motorcycle accidents, wrongful death, premises liability, dog bites, and other serious injuries.
We take the time to investigate the facts, understand the full impact of your injuries, deal with the insurance company, and prepare your case for trial when necessary.
If you have questions about your personal injury claim or want to understand what may happen next, contact Gallon, Takacs & Boissoneault for a free consultation.
Call Us. We Can Help. 419-843-6663
Jeff joined GT&B in 2008 as a law clerk. After graduation, he worked in election law. In 2011, he returned to GT&B as an Associate, focusing on personal injury cases like auto accidents, premises liability, general negligence, wrongful death, and dog bites. Now a Senior Associate in the Personal Injury department, he is passionate about protecting his clients who have suffered injuries through no fault of their own and ensuring they receive the justice and compensation they deserve.
