FAQs About Settling Personal Injury Claims vs. Going to Court
One of the most common questions injury victims have is whether they should settle or take their personal injury case to court. While both options have their pros and cons, the right decision depends on the details of your case, your willingness to negotiate, and how much compensation you’re seeking. Most personal injury cases in Phoenix and throughout Arizona are settled out of court—saving time, money, and stress. However, in cases involving denied liability or unfair offers, going to court might be your best option. In this FAQ-style guide, we answer the most frequently asked questions about the settlement process versus litigation and how an experienced Phoenix personal injury lawyer can help you choose the right path.
Settle or Sue? What You Need to Know
- Why Do Most Personal Injury Cases Settle?
- When Should You Consider Going to Court?
- Do I Really Need a Personal Injury Attorney?
Why Do Most Personal Injury Cases Settle?
Approximately 95% of personal injury claims are settled before they ever reach a courtroom. Settlements provide a quicker resolution and help injury victims avoid the unpredictability of trial. Settling also keeps legal fees lower and reduces the stress of lengthy litigation. Most insurers are willing to negotiate a reasonable payout—especially when you’re represented by a Phoenix car accident attorney with a strong case file. That said, it’s crucial to have a lawyer review any settlement offer to ensure it covers medical costs, lost wages, and future damages.
When Should You Consider Going to Court?
There are times when going to trial is necessary. If the insurer denies liability, refuses to offer a fair settlement, or acts in bad faith, your attorney may recommend filing a lawsuit. Trials are lengthier and more complex, but they may result in a higher award—especially in cases involving severe injuries or punitive damages. Your lawyer can prepare medical records, accident reports, and expert testimony to present in court.
Do I Really Need a Personal Injury Attorney?
Yes—especially when dealing with insurance companies. Adjusters are trained to minimize payouts and may offer lowball settlements to unrepresented claimants. A seasoned attorney like Brendan Gallagher at GLG Personal Injury Lawyer will evaluate the value of your claim, handle negotiations, and represent you in court if needed. In most cases, having legal representation increases both the speed and size of your settlement.
Contact GLG Personal Injury Lawyer
Firm Name: GLG Personal Injury Lawyer
Phone: 602-992-7642
Email: [email protected]
Address: 2600 North 44th Street, Suite 107, Phoenix, AZ, 85008
Attorney: Brendan Gallagher
