If I Hire a Lawyer, Does That Mean I Have to Go to Court?

For many people, the thought of “hiring a lawyer” immediately conjures up images from movies and television: dramatic courtroom scenes, aggressive cross-examinations, and a jury hanging on every word. This can be an intimidating and frightening prospect. The fear of being dragged into a stressful, public court battle is one of the main reasons why people injured in a car accident hesitate to seek legal help.

It’s a common and understandable concern. But is it an accurate one? If you hire a personal injury lawyer, are you automatically signing up for a trip to the courthouse?

The answer is a resounding NO. Hiring a lawyer does not mean you are going to court. In fact, one of the primary goals of hiring a good attorney is to build a case so strong that you avoid having to go to court altogether. The overwhelming majority of car accident cases are resolved through a negotiated settlement, and a trial is almost always the last resort.

Useful Information for You: In a Nutshell

• No, It’s Not Automatic: Hiring a lawyer does not mean your case will go to trial. Their main goal is to achieve a fair settlement out of court.
• Over 95% of Cases Settle: Statistically, the vast majority of personal injury cases are resolved through negotiation and never see the inside of a courtroom.
• Filing a Lawsuit is Different from Going to Trial: A lawyer may need to file a lawsuit to move the process forward, but even then, most of these cases still settle before the actual trial date.
• A Lawyer’s Goal is a Fair Settlement: Your attorney will use their skills and the evidence they’ve gathered to negotiate a full and fair settlement with the insurance company on your behalf.
• Going to Trial is a Strategic Last Resort: A case only proceeds to trial if the insurance company completely refuses to offer a reasonable settlement that fairly compensates you for your damages.

The Primary Goal: A Pre-Trial Settlement

From the moment you hire a car accident attorney, their work is focused on one main objective: building a powerful, evidence-based case to present to the insurance company. Their job is to show the insurer that you have a strong claim and that if they don’t offer a fair settlement, they will likely lose and be forced to pay more by a jury at trial.

This entire process—from investigating the accident and gathering your medical records to sending a formal demand letter and negotiating with the adjuster—is designed to achieve a successful pre-trial settlement.

Filing a Lawsuit vs. Going to Trial: An Important Distinction

This is a key point of confusion. Sometimes, even after months of negotiation, an insurance company will refuse to budge from an unreasonably low offer. At this point, your attorney may recommend filing a lawsuit.

Filing a lawsuit is a procedural step; it is not the same as going to trial.

It is the formal start of the litigation process. By filing a suit, your lawyer can now use powerful legal tools to compel the other side to share information, such as taking formal, sworn testimony (depositions) from the at-fault driver. The act of filing a lawsuit is often the catalyst that brings a stubborn insurance company back to the negotiating table with a much more serious offer. Even after a lawsuit is filed, the negotiation process continues, and the vast majority of these cases are still settled before the scheduled trial date.

When Does a Case Actually Go to Trial?

A case will only proceed to a full trial in front of a judge or jury if all attempts at a fair settlement have failed. This typically only happens when:

• The insurance company completely denies liability and refuses to make any reasonable offer.
• The two sides are fundamentally and insurmountably far apart on the value of the claim.

Your attorney will only recommend going to trial if they believe the insurance company’s final offer is grossly unfair and that you have a very strong chance of winning a significantly larger amount from a jury. The final decision to accept an offer or take the risk of a trial is always yours to make, based on the expert advice of your lawyer.

Do not let the fear of a courtroom drama prevent you from getting the expert legal help you need. The reality is that hiring a lawyer is the most effective way to secure a fair settlement and avoid going to court.

If you’ve been injured in a car accident in the Tacoma area, the first step is to understand your options. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys. A free, no-obligation consultation can demystify the process and give you the peace of mind you need to move forward.

References

• Washington State Bar Association (WSBA) – Alternatives to Court:The WSBA’s public guide explaining that most legal disputes are resolved through processes like negotiation and settlement, not trial.

  https://www.wsba.org/for-the-public/find-legal-help/alternatives-to-court

• U.S. Department of Justice, Bureau of Justice Statistics – “Tort Cases in State Courts”:Official statistics often show that only a very small percentage (typically 3-5%) of tort cases (which include personal injury) ever reach a trial verdict. The rest are settled or dismissed.

  (Note: While specific reports vary by year, the general finding is consistent.)