Shortly after a rear-end crash, you’ll likely get a call from the other driver’s insurance company. The adjuster might sound friendly and helpful, but their goal is to protect their company’s bottom line by paying you as little as possible. They are trained negotiators who know how to use your words against you or pressure you into a quick, lowball settlement. You don’t have to face them alone. A rear end accident attorney acts as a crucial buffer between you and the insurance company. They take over all communications, counter unfair tactics, and fight for a settlement that truly covers your losses.
Key Takeaways
- Hire an attorney to manage your case: An experienced lawyer handles all the complex legal details and negotiations with insurance companies, which allows you to focus on your recovery while they work to secure fair compensation.
- Legal representation is affordable: Most personal injury lawyers work on a contingency fee basis, so you pay no upfront costs. Their payment is a percentage of the settlement they win for you, removing the financial risk of seeking professional help.
- Act quickly after an accident: The actions you take right after a collision, such as seeking medical attention and documenting the scene, are vital. Contacting an attorney early helps protect your rights and ensures you don’t miss critical deadlines for filing your claim.
What Does a Rear-End Accident Attorney Actually Do?
After a rear-end accident, you’re likely dealing with injuries, car repairs, and a lot of stress. It’s easy to wonder what a lawyer could even do for you, especially if the other driver seems clearly at fault. The truth is, a rear-end accident attorney does much more than file paperwork. They become your strategic partner, handling the complex legal details so you can focus on your recovery. From investigating the crash to standing up to insurance companies, their job is to make sure your rights are protected and you get the support you need.
Fight for Your Rights
An attorney’s primary role is to be your advocate. After a crash, it’s hard to know your legal rights or who is truly at fault. Your lawyer clarifies the situation, explains your options, and protects your interests from start to finish. They act as a crucial buffer, preventing you from being pressured into a quick, lowball settlement. Having a legal expert on your side means you have a professional dedicated to securing the best outcome for your personal injury claim so you can focus on healing.
Handle the Insurance Companies
Dealing with insurance companies is often frustrating. Their goal is to protect their profits by paying as little as possible. An experienced attorney takes over all communication with insurance adjusters for you. They understand the tactics used to devalue claims and will manage all negotiations to counter them effectively. Even when fault is clear, securing fair payment is a challenge. Your lawyer ensures your claim is taken seriously and fights for a settlement that covers your medical bills, lost wages, and other damages.
Build a Strong Case for You
A strong claim requires solid evidence, and your attorney is responsible for gathering it. They launch a detailed investigation into your accident, collecting photos from the scene, reviewing medical records, and interviewing witnesses. In some cases, they may hire accident reconstruction experts to prove exactly how the collision occurred. This thorough preparation is essential to demonstrating the other driver’s negligence and justifying the compensation you deserve. You can start this process with a free case review.
Take Your Case to Court
While most cases settle without a trial, an insurance company may refuse to make a fair offer. When this happens, you need an attorney prepared to take your case to court. A skilled trial lawyer prepares every case as if it will end up before a judge, which provides powerful leverage during settlement talks. If a lawsuit is necessary, they handle every legal step, from filing the complaint to arguing on your behalf in the courtroom. This readiness shows you won’t be intimidated into accepting less than you deserve.
Why You Should Hire a Rear-End Accident Attorney
After a rear-end collision, you might think the process is simple, especially if the other driver was clearly at fault. However, getting fair compensation for your injuries and damages can be surprisingly complicated. Insurance companies are focused on their own profits, not your recovery. This is where having a skilled attorney on your side makes a significant difference. They handle the legal complexities so you can focus on getting better. An experienced lawyer ensures your rights are protected and that you receive the full amount you’re owed for your medical bills, lost income, and pain.
Protect Your Legal Rights
One of the most important jobs of a personal injury attorney is to act as your advocate and protector. They make sure you aren’t taken advantage of during a vulnerable time. Your lawyer will conduct a thorough investigation into the accident, calculate all your current and future costs, and represent your best interests when dealing with insurance adjusters and other attorneys. Without professional legal guidance, you might unknowingly accept a lowball offer or miss critical deadlines for filing your claim. An attorney ensures your case is handled correctly from the start, safeguarding your right to fair compensation.
Secure the Compensation You Deserve
A rear-end accident can leave you with significant expenses, from immediate medical bills to long-term physical therapy and lost wages. An attorney specializing in these cases knows how to accurately assess the full value of your claim. This goes beyond just the obvious costs; it includes calculating future medical needs, lost earning capacity, and compensation for your physical pain and emotional distress. Their goal is to build a strong case that demonstrates the true impact the accident has had on your life, fighting to secure a settlement or verdict that covers all of your losses.
Counteract Insurance Company Tactics
Insurance companies are businesses, and their primary goal is to pay out as little as possible on claims. Adjusters are trained to find ways to minimize or deny your compensation. They might try to get you to admit partial fault, downplay the severity of your injuries, or pressure you into accepting a quick, inadequate settlement. An experienced attorney understands these tactics and knows how to counter them. They will handle all communications with the insurance company, present a powerful case backed by evidence, and negotiate aggressively for a fair amount that truly covers your damages.
Manage the Complex Legal Work
Filing a personal injury claim involves a mountain of paperwork, strict deadlines, and complex legal procedures. Trying to manage all of this while recovering from an injury is overwhelming. When you hire an attorney, you hand over that burden to a professional. They take care of investigating the crash, gathering evidence like police reports and medical records, and communicating with all involved parties. This allows you to put your energy where it’s needed most: on your health and recovery. You can rest easier knowing a dedicated expert is handling the legal details for you.
How to Choose the Right Attorney for Your Case
Finding the right legal partner after an accident can feel like a monumental task, but it doesn’t have to be. When you know what to look for, you can confidently choose an attorney who will truly represent your best interests. The goal is to find someone with the right experience, a history of success, a communication style that works for you, and a clear fee structure. Focusing on these key areas will help you select a lawyer who can effectively handle your case and give you peace of mind during a difficult time.
Look for Specific Rear-End Collision Experience
Not all lawyers are the same, and even within personal injury law, there are specializations. You wouldn’t see a foot doctor for a heart problem, and the same logic applies here. Look for an attorney or a firm with direct experience handling rear-end accident cases. The law is complex, and an attorney who regularly deals with these specific types of claims will understand the common tactics insurance companies use and know how to prove fault effectively. When you speak with a potential lawyer, ask them about their experience with cases similar to yours. A seasoned personal injury attorney will be able to speak confidently about their approach.
Check Their Track Record of Success
Experience is one thing, but a history of positive results is another. You want an attorney who not only takes on cases but also wins them. Look for a firm with a solid reputation and a successful track record of securing fair settlements and winning at trial. Many law firms share case results or client testimonials on their websites, which can give you a sense of their performance. Don’t be afraid to ask about their success rate during your initial consultation. A reputable attorney will be transparent about their past outcomes and how they’ve helped clients in situations like yours achieve the compensation they deserved.
Find a Communicator Who’s Available for You
Legal skill is critical, but so is compassion. You’ll be sharing personal and often stressful details about your accident and injuries, so you need to feel comfortable with your attorney. Look for someone who listens to your story, answers your questions clearly, and explains the legal process without using confusing jargon. A good lawyer will keep you informed about the progress of your case and be available when you need them. During your first meeting, pay attention to how they make you feel. Do you feel heard and respected? This relationship is a partnership, and strong, open communication is the foundation of it.
Understand Their Fee Structure Upfront
The fear of high legal fees prevents many people from seeking the help they need. However, most personal injury attorneys work on a contingency fee basis. This means you don’t pay any attorney fees unless they win your case. Their payment is a percentage of the settlement or award they secure for you. This “no win, no fee” structure makes legal help accessible to everyone, regardless of their financial situation. During your free consultation, be sure to ask for a clear explanation of their fee percentage and any other potential costs. A trustworthy attorney will provide a written agreement that outlines everything, so there are no surprises.
How Much Does a Rear-End Accident Attorney Cost?
One of the biggest worries after an accident is how you’ll afford legal help, especially when you’re already facing medical bills and time off work. The good news is that getting expert legal representation is more accessible than you might think. Most personal injury law firms, including Counsel Hound, structure their fees to remove the financial burden from you. This approach allows you to focus on your recovery while your attorney focuses on your case.
At Counsel Hound, we operate on a “no fees until we win” basis, which means our goals are directly aligned with yours. We are committed to securing the best possible outcome for you without adding to your financial stress. Let’s break down what that means and what you can expect when it comes to legal costs.
Understanding Contingency Fees (No Win, No Fee)
A common myth is that hiring a lawyer costs a fortune. The reality is that most car accident attorneys work on what’s called a contingency fee basis. In simple terms, this means the lawyer’s payment is contingent, or dependent, on winning your case. You don’t pay any attorney fees unless you receive a settlement or a favorable court verdict. If you win, the attorney’s fee is a pre-agreed-upon percentage of your total compensation. This model ensures your legal team is motivated to secure the highest possible amount for you, because we only succeed when you do.
Why There Are No Upfront Costs
The contingency fee model is designed to give everyone access to justice, regardless of their financial situation. Because of this structure, you don’t have to pay any upfront costs to get your case started. This allows you to pursue the compensation you deserve without any immediate financial strain. You can get experienced legal help right away without worrying about retainers or hourly bills. Your initial meeting is also free, so you can discuss your case and understand your options with no obligation. You can schedule a free consultation to learn how we can help.
What Other Legal Expenses Might Arise?
While you won’t pay attorney fees upfront, a lawsuit does involve other expenses. These are the costs of building a strong case and can include things like court filing fees, the cost of obtaining medical records, or fees for expert witnesses who might be needed to testify. These case-related expenses are often covered by the law firm and then reimbursed from the settlement amount at the end. It’s a common misconception that legal fees will eat up your entire settlement, but an experienced attorney often helps secure a much larger amount than you could get on your own, covering these costs and your own compensation.
What to Expect When You Start the Legal Process
Thinking about starting a legal case can feel overwhelming, but it helps to know what the process looks like. From your first conversation with an attorney to the final resolution, each step is designed to build your case and get you the support you need. An experienced lawyer handles the complex details, so you can focus on your recovery. The journey typically involves an initial meeting, a thorough investigation, settlement negotiations, and, if necessary, preparing for trial. Knowing these stages can make the entire experience feel much more manageable.
Your First Meeting: The Free Consultation
Your first step is a free consultation. This is simply a conversation where you can share your story with an attorney and get a professional opinion on your case, all without any financial commitment. Most personal injury lawyers work on a contingency fee basis, which means you won’t pay anything upfront. The attorney only gets paid if they win your case. During this meeting, you can ask questions, understand your legal options, and decide if the attorney is the right fit for you. It’s a no-pressure way to get clarity and find out how a legal professional can help you move forward.
Investigating the Accident and Gathering Facts
Once you decide to proceed, your attorney gets to work building a strong case. This is the investigation phase, where they gather all the necessary facts and evidence. Your legal team will look into the details of the accident, review police reports, and talk to any witnesses. They will also collect crucial documents like your medical records to clearly show how the accident caused your injuries and impacted your life. This detailed fact-finding mission is essential for proving who was at fault and demonstrating the full extent of your damages.
Negotiating a Fair Settlement
With a solid case built on evidence, your attorney will handle all communications with the insurance companies. Insurance adjusters often try to settle claims for the lowest amount possible, which is rarely enough to cover all your expenses. Your lawyer acts as your advocate, presenting the evidence and pushing for a fair settlement that accounts for your medical bills, lost income, and pain and suffering. They manage the back-and-forth negotiations, protecting you from lowball offers and fighting to secure the compensation you rightfully deserve.
Preparing for Trial if Needed
Most personal injury cases are settled out of court. However, if the insurance company refuses to offer a fair settlement, your attorney will be ready to take your case to trial. This step might sound intimidating, but your legal team will handle everything. They will prepare all the legal arguments, organize the evidence for presentation, and represent you in front of a judge and jury. Having an attorney who is prepared to go to court sends a strong message to the other side that you are serious about getting fair compensation for your injuries.
What Kind of Compensation Can You Receive?
After a rear-end accident, you might be facing a pile of bills and a lot of uncertainty. It’s easy to feel overwhelmed. The goal of a personal injury claim is to secure compensation, often called damages, that covers all of your losses. This isn’t just about paying for the immediate costs; it’s about making sure you have the financial support you need to recover fully and move forward.
Compensation is typically broken down into different categories that reflect the various ways an accident can impact your life. These include economic damages, which are the tangible costs you can see on a bill, like medical treatments and car repairs. It also includes non-economic damages, which cover the less obvious, but equally real, effects on your well-being, such as pain and emotional distress. An experienced attorney can help you identify all of your losses to ensure you ask for a fair settlement that truly covers everything. They will work to build a comprehensive picture of how the accident has affected you, both financially and personally, to make sure nothing is overlooked when calculating what you are owed.
Covering Medical Bills and Future Care
From the moment of impact, the medical costs can start adding up. Compensation is designed to cover every aspect of your medical treatment, starting with the ambulance ride and emergency room visit. It also includes follow-up appointments with specialists, prescription medications, and any necessary surgeries. If your recovery involves long-term needs like physical therapy or specialized equipment, those future expenses should be factored in as well. A serious medical injury shouldn’t leave you with a mountain of debt, and a fair settlement ensures you get the care you need without the financial strain.
Recovering Lost Wages and Future Earnings
Being unable to work because of your injuries can put a huge strain on your finances. You can seek compensation for the income you’ve already lost while taking time off to recover. But what if your injuries have a lasting impact on your ability to do your job or earn a living in the future? A thorough personal injury claim also accounts for this loss of future earning capacity. This helps provide financial stability, allowing you to focus on your health instead of worrying about how you’ll pay your bills next month or next year.
Compensation for Pain and Suffering
Not all injuries are visible. The physical pain, emotional distress, and mental anguish that follow an accident are very real, and you deserve to be compensated for them. This category covers the non-financial impact the accident has had on your quality of life. It acknowledges the sleepless nights, the anxiety you might feel getting back in a car, or the frustration of not being able to enjoy your hobbies. While no amount of money can erase this experience, it is the legal system’s way of recognizing the significant personal toll the accident has taken on you.
Getting Your Car Repaired or Replaced
Beyond your physical injuries, you’re likely dealing with a damaged vehicle. Compensation for property damage is straightforward: it should cover the full cost of repairing your car to its pre-accident condition. If the damage is so severe that the car is declared a total loss, you should receive its fair market value. This allows you to replace your vehicle without having to bear the cost yourself. If you’re unsure how to handle the property damage claim while you recover, you can contact us for a free consultation to discuss your options.
How an Attorney Proves the Other Driver Was at Fault
Even when a car accident seems straightforward, proving the other driver was at fault is a detailed process. It’s not enough for the insurance company to hear your side of the story; they want cold, hard facts. This is where a skilled attorney steps in. They don’t just file paperwork. They build a solid, evidence-based case designed to show exactly what happened and why the other driver is responsible for your personal injury.
Think of your attorney as the director of an investigation. They coordinate a multi-step effort to piece together the moments before, during, and after the collision. This involves applying legal knowledge, digging for evidence, and sometimes, bringing in experts to paint a clear picture of negligence. While you focus on your recovery, your legal team is working behind the scenes to build a case that insurance companies can’t ignore.
Using Traffic Laws to Your Advantage
One of the first things your attorney will do is analyze the accident through the lens of traffic law. Every state has specific rules of the road, and violating one of these rules is often strong evidence of negligence. For example, in many places, the law presumes the driver who hits another car from behind is at fault for following too closely.
An experienced attorney knows these laws inside and out. They can pinpoint the exact statutes the other driver violated, whether it was an illegal lane change, speeding, or failing to yield. This legal foundation turns your personal account into a formal argument, giving your claim the legal weight it needs to succeed.
Collecting Crucial Evidence
A strong case is built on strong evidence. Your attorney and their team will launch a thorough investigation to gather every piece of proof available. This goes far beyond the initial police report. They will look into the accident scene, review all official reports, talk to witnesses, and hunt down any available video from traffic cameras, dashcams, or nearby businesses.
This process also includes collecting your medical records to document your injuries, gathering pay stubs to prove lost wages, and obtaining repair estimates for your vehicle. By compiling all this information, your lawyer creates a comprehensive file that tells the complete story of the accident and its impact on your life.
Working with Expert Witnesses
Sometimes, your word and the physical evidence aren’t enough to convince a stubborn insurance adjuster. In these situations, your attorney can call on a network of expert witnesses to strengthen your claim. These are professionals who can provide authoritative testimony in their area of expertise.
For instance, a medical expert can explain the severity of your injuries and your long-term prognosis. A vocational specialist can testify about how the accident has affected your ability to work and earn a living. These experts provide objective, credible analysis that makes it much harder for the other side to downplay the damages you’ve suffered.
Reconstructing the Accident Scene
In more complex cases, your attorney may hire an accident reconstructionist. These are specialists, often with backgrounds in engineering or law enforcement, who use science to figure out exactly how a crash occurred. They analyze physical evidence like skid marks, vehicle damage, and debris patterns to recreate the event.
An expert reconstruction can determine factors like vehicle speeds, impact angles, and driver actions in the seconds leading up to the collision. This scientific analysis can provide indisputable proof of the other driver’s fault, effectively dismantling any attempts they might make to shift the blame. If you have questions about how this works, you can always contact us for a free consultation.
Common Myths About Hiring a Lawyer for a Rear-End Accident
After a rear-end collision, misinformation can make it hard to know what to do. It’s easy to assume things that aren’t true, which can hurt your ability to get fair compensation. Let’s clear up some of the most common myths about hiring an attorney so you can make decisions with confidence and focus on your recovery.
Myth: My Accident Was Too Minor for a Lawyer
You might think a minor fender-bender doesn’t need a lawyer, but even low-speed impacts can cause injuries like whiplash that appear days later. What seems small now could lead to future medical bills and lost wages. An attorney ensures you document everything properly so you aren’t left paying for unexpected costs. Seeking legal advice for any personal injury helps you get fair compensation for all damages, not just the ones you see immediately.
Myth: The Other Driver is Automatically at Fault
It’s a common belief that the rear driver is always at fault, but that’s not a guarantee. Liability can be complex. For instance, the front driver may have had broken tail lights or slammed on their brakes without reason. In these cases, fault could be shared. An experienced attorney will investigate the accident, gather evidence, and accurately determine who is responsible.
Myth: I Can Handle the Insurance Company Myself
Many feel they can handle the insurance company alone, but adjusters are trained to minimize payouts. They might use friendly tactics to get you to accept a low settlement or say something that weakens your case. A lawyer levels the playing field. They manage all communication, counter lowball offers, and fight for a settlement that truly covers your losses. This lets you focus on healing.
Myth: It’s Too Soon (or Too Late) to Hire an Attorney
People often hesitate to call a lawyer, worrying it’s too soon or too late. The best time for legal advice is right after an accident to help preserve evidence. Even if time has passed, you may still have a case. Every state has a deadline for filing claims, known as the statute of limitations. The best way to know where you stand is to contact an attorney for a free consultation.
Your First Steps After a Rear-End Collision
The moments after a car accident are often chaotic and stressful. Knowing what to do can protect your health and your legal rights. If you’ve been in a rear-end collision, focus on these four immediate steps. Taking clear, decisive action right away can make a significant difference in the outcome of your case. It’s about creating a foundation of safety and evidence so you can focus on what matters most: your recovery.
Prioritize Safety and Get Medical Care
Your well-being is the top priority. If you can, move your vehicle to a safe location out of traffic and turn on your hazard lights. Check on yourself and any passengers for injuries, then check on the occupants of the other vehicle. Call 911 immediately to report the accident and request medical assistance if needed. Even if you feel fine, it’s crucial to see a doctor. Adrenaline can mask pain, and some injuries don’t show symptoms for hours or even days. Seeking prompt medical care not only ensures you get the treatment you need but also creates an official record of any injuries sustained in the crash, which is vital for any future personal injury claim.
Document Everything at the Scene
If you are physically able, start documenting the scene right away. Use your smartphone to take as many photos and videos as possible from different angles. Capture the damage to both vehicles, their positions on the road, license plates, and any skid marks or debris. It’s also helpful to photograph the surrounding area, including traffic signs, weather conditions, and road hazards. Make a note of the exact time and location of the accident. This evidence can be incredibly valuable later, as it provides a clear, unbiased snapshot of what happened. Your memory may fade, but photos create a permanent record that can support your version of events.
Collect Witness and Driver Information
After documenting the scene, exchange information with the other driver. Politely ask for their full name, contact information, driver’s license number, and insurance details, including the company and policy number. It’s important to stick to the facts and avoid discussing fault or apologizing. Anything you say can potentially be used against you later. If there were any witnesses to the collision, ask for their names and phone numbers. An independent account from a third party can be a powerful tool in establishing what happened. This information helps your attorney build a complete and accurate picture of the incident.
Contact an Attorney Sooner Rather Than Later
It’s a good idea to contact a personal injury attorney as soon as possible after the accident. Insurance companies have teams of adjusters and lawyers working to protect their bottom line, which often means minimizing your settlement. You shouldn’t have to deal with them on your own, especially while you’re recovering. An experienced attorney will handle all communications with the insurance companies, manage the complex paperwork, and fight to protect your rights. Getting legal advice early ensures you don’t make any missteps that could harm your case. You can contact us for a free consultation to understand your options without any obligation.
When Is the Right Time to Call an Attorney?
After a car accident, your mind is likely racing with a million thoughts, from medical appointments to car repairs. It’s completely normal to wonder if and when you should involve a lawyer. The simple answer is: the sooner, the better. Getting legal advice early on doesn’t commit you to a lawsuit, but it does equip you with the information you need to protect your rights. The moments and days following an accident are critical for gathering evidence and building a strong foundation for your claim. An experienced attorney can guide you through these initial steps, ensuring you don’t unintentionally harm your case while dealing with insurance adjusters or making statements. Waiting too long can mean lost evidence, faded memories, and missed opportunities to secure the compensation you deserve.
Why You Should Call as soon as Possible
Contacting a personal injury attorney right after an accident is one of the most important steps you can take. Think of it as setting your case up for success from day one. An attorney can immediately advise you on how to handle communications with insurance companies, preserve crucial evidence from the scene, and document your injuries properly. As legal experts point out, it’s a good idea to get in touch as soon as you can. Early involvement allows your legal team to start their investigation while the details are still fresh. This proactive approach helps build a stronger case and puts you in a better position to recover fair compensation for your medical bills, lost wages, and other damages.
Key Signs You Need Legal Help
You might think your accident was too minor for a lawyer, but even seemingly small collisions can result in serious injuries with delayed symptoms. If you or a passenger experienced any level of injury, it’s a clear sign you should seek legal advice. Another major indicator is when the other driver’s insurance company contacts you for a statement or offers a quick settlement. These initial offers are often far less than what you’re entitled to. If there’s any disagreement about who was at fault or if your claim is being denied, an attorney is essential. Don’t try to handle these complex situations alone. A free consultation can help you understand your options without any financial risk.
Don’t Miss the Deadline (Statute of Limitations)
Every state has a strict legal deadline for filing a personal injury lawsuit, known as the statute of limitations. If you miss this window, you permanently lose your right to seek compensation through the court system, no matter how strong your case is. For example, many states give you just two years from the date of the accident to file a claim. This deadline can pass quickly when you’re focused on recovery. An attorney will manage all legal timelines for you, ensuring everything is filed correctly and on time. Understanding and meeting this deadline is non-negotiable, which is another critical reason to connect with a legal professional soon after your accident.
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Frequently Asked Questions
What if the insurance company offers me a settlement right away? It’s tempting to accept a quick offer, but you should be cautious. Initial settlement offers from insurance companies are often intentionally low and may not cover the full extent of your future medical bills or lost income. It’s best to have an attorney review any offer before you sign anything. They can help you understand the true value of your claim and negotiate for a fair amount that accounts for all your long-term needs.
How long does a rear-end accident case usually take to resolve? There isn’t a set timeline, as every case is different. The duration depends on factors like the severity of your injuries, the complexity of the accident, and how cooperative the insurance company is. A straightforward case might settle in a few months, while a more complicated one could take over a year. The priority is always to secure the best possible outcome for you, not just the fastest one.
Can I still get compensation if I was partially at fault for the accident? Yes, in many situations you can. Most states follow a legal rule called comparative negligence, which means you can still recover damages even if you were partly responsible for the collision. However, your final compensation amount would likely be reduced by your percentage of fault. An attorney can explain how these laws apply to your specific circumstances.
What should I bring to my free consultation with an attorney? To make the most of your first meeting, try to bring any documents you have related to the accident. This could include the police report, photos of the scene and vehicle damage, the other driver’s information, and any medical records or bills you’ve received so far. It’s also helpful to jot down your own notes about what happened. Don’t worry if you don’t have everything; the most important part is sharing your story.
Do I have to go to court to get my settlement? Most likely, no. The vast majority of personal injury cases are resolved through negotiations and settled out of court. Going to trial is generally a last resort for when an insurance company refuses to make a fair offer. A skilled attorney prepares every case as if it might go to trial, which gives them strong leverage during settlement talks and shows the other side you are serious.