Most personal injury claims can be settled without having to file a lawsuit in court.
One reason why a case might go to court is if there is a dispute about who was at fault for the accident. Similarly, if there are questions about whether the injuries were caused in the accident, or whether they were pre-existing, this could be another reason why going to court is necessary.
Even for cases filed in court, most cases will ultimately settle prior to a trial. Every case filed in court will go through a process of discovery and mediation, and this will help both sides evaluate the case and reach a compromise to avoid the time and expense of trial.
The good thing is that as the client, you are always in control of whether to settle your case or whether to pursue it in court and at trial. Your lawyer can give you advice on what is a fair settlement and the risks and benefits of proceeding in court, but only you can decide whether to accept or reject a settlement offer.
At Bergeron, Paradis & Fitzpatrick we have been helping injured Vermonters obtain compensation for their personal injuries for over 30 years.