In general, the majority of personal injury claims are settled outside of the courtroom. While Antin Ehrlich and Epstein will attempt to settle your claim without needing to go to trial, we always prepare your case with the expectation that it will be settled in the courtroom. That way, we are never caught by surprise or are unprepared.
As the plaintiff, you also always have the right to go to trial if you believe an offered settlement is too small. Of course, this carries the risk that the court will rule against you, or will rule for you but award smaller damages than the settlement offer. As always, knowledge of the legal system, precedent cases, and the presiding judge make your Personal Injury attorney invaluable in assessing this risk. And, if you believe that you can’t face the defendant for whatever reason, you must make sure you tell your attorney and no one else. You certainly don’t want the other side to know that you would not be able to testify in court, because they would have no reason to settle with you before trial.