No, in most cases you will not have to go to court. Most personal injury cases in California are resolved through a settlement, not a trial. Roughly 95% settle before it ever gets to the courtroom.
If you’ve been debating calling a lawyer due to fear of going to trial, this article should put your mind at ease.
What “settling” actually means
A settlement is an agreement between your attorney and the insurance company regarding your case. Your attorney and the insurance company negotiate a dollar amount to resolve your claim, you accept it, and the case ends without a trial. In exchange, you agree not to pursue further legal action over the same accident. Most of the time this happens through back-and-forth negotiation, and often through a session called mediation, where both sides sit down with a neutral third party who helps them reach a settlement amount everyone can live with.
You are not in a courtroom. There is no jury. In many cases, you never see the inside of a courthouse at all.
Why so few cases go to trial
Trials are slow, expensive, and unpredictable for everyone involved, including the insurance company. A trial can add many months, sometimes years, to your case and rack up high costs in expert witnesses and court fees. Insurers know this. They also know a jury is a gamble they cannot control. More often than not, that pushes them toward a reasonable settlement rather than the risk of a courtroom.
Settlement has real advantages for you too. You get certainty about the outcome, you get your compensation faster, and you avoid the stress of testifying about your accident in public.
When a personal injury case does go to trial
A small percentage of cases still end up in front of a judge or jury. That usually happens when:
The insurance company disputes who was at fault and refuses to accept responsibility. Your injuries are severe or permanent, and there is a large gap between what you are owed and what they are willing to pay. Or the insurer simply makes an unreasonably low offer and will not move.
In those situations, being willing to go to trial is your greatest source of leverage. This is the part most people miss: an attorney who is fully prepared to take your case to court often gets a better settlement precisely because the insurance company knows they are not bluffing.
What this means for you
The bottom line is that calling a personal injury attorney does not mean signing up for a courtroom battle. In the vast majority of cases, it means having someone negotiate aggressively on your behalf so your case settles for what it is actually worth. And in the rare case that trial becomes necessary, it means having someone ready to fight for you there too.
At the Law Office of Eduard Braun, P.C., every client works directly with Eduard, whether the case settles at the negotiating table or goes the distance. If you have been injured and you are not sure what your options are, the consultation is free, and there is no fee unless we win.
Call 818-796-4529 for a free case review.
Attorney fees are contingent on a recovery. Clients may be responsible for certain case costs and expenses, as set out in the written fee agreement.