Probably not. It is our understanding that only 5% of cases actually reach trial. If we try to settle your case and the matter won’t settle, you decide if you want to start a court action. We take instructions from you.
As mentioned, statistically, the overwhelming majority of personal injury cases are resolved without going to a trial. We only recommend commencing a court action if (a) the settlement offered is too low and does not fairly compensate or (b) there is no settlement offered by the other side. Even when court action is initiated, most cases settle and you never have to go to Court.
We will discuss all options with you and provide you with our legal recommendations and opinions on your case before you have to make any decisions to settle or go to Court.