Whether or not you will have to go to court depends on whether or not your case settles out-of-court. Most cases settle out-of-court, but many of them proceed to trial. Initially, attorneys do not know what cases will proceed to trial or not because it is too early to know. As time passes, your attorney will have a better idea of whether or not you will need to go court.
Cases Do Not Always Go to Trial
Your attorney’s main priority is to build a strong case from the very beginning. Before deciding to proceed to trial, your attorney will take the time to carefully review the facts of your case and take time to gather documentation and evidence. Although there is no way to know if a case is going to go to court, it always remains a possibility.
How Long it Takes to Settle a Case and The Statute of Limitations
Another reason why cases often go to trial is because the statute of limitations is fast approaching. The statute of limitations is an expiration date. Most cases must be filed by the statute of limitations. If a case is not filed by that date, then the defense can raise the statute of limitations as a defense to have a case dismissed.
Although many cases are settled out-of-court quickly and never go to court, other cases take longer to resolve. The statute of limitations may factor into an attorney’s decision to commence a lawsuit. However, it is usually not the only reason why a lawsuit is commenced. Attorneys are often forced to commence a lawsuit when there are complex legal issues that need to be resolved or a settlement offer does not meet expectations.
Complex Legal Issues May Require Judicial Intervention
In the beginning, attorneys cannot usually predict what case will go to court and which one will not. Cases that raise complex issues and cannot be resolved without the assistance of a judge or jury are often the types of cases that proceed to trial. When legal issues surface, plaintiffs are often forced to go to court because judicial intervention is required.
Although judicial intervention may be required, in some cases complex legal issues can be resolved and settled out-of-court without judicial intervention. Whether there is an issue about who is at fault or damages, sometimes these issues can be resolved after depositions are held. Your attorney will take the time to go over all of this with you.
No or Low Settlement Offers
After working on your case, your attorney will try hard to settle your case out-of-court. Attorneys and insurance companies go back and forth to try to resolve cases before going to court. Attorneys often decide to commence a lawsuit when there is no offer of settlement. In addition, cases also proceed to court if the offer is too low and does not meet a client’s expectations.
Clients Are Not Always Required to Come to Court
Even if your attorney is forced to file a lawsuit, you may not be required to appear in court. Settlement can occur at anytime even once a lawsuit has been filed. As such, it is hard to know whether or not a client will ever need to make an appearance in court. Although your attorney will work hard to settle your case, settlement talks can fail.
You May Need to Appear in Court
Every case is a little different from the next. You may be required to make an appearance in court with your attorney. However, there will be other instances when your attorney can appear on your behalf and you will not need to be in court. If your case goes to trial, you may need to appear in court to give testimony. However, sometimes clients are too ill or injured to do so. Your attorney will go over your case and let you know if you’ll be needed in court or not.
Whether or not you will have to go to court, depends on whether your attorney will need to file a lawsuit. Before filing a lawsuit, your attorney will take the time to carefully evaluate your case and discuss the possibility with you. Although it is impossible to know whether a case will ultimately go to court or not, as time passes your attorney will definitely have more information to share with you.