Overcoming the Fear of Court Proceedings in Personal Injury Claims

Personal Injury Lawyer

The idea of court is enough to make anyone uncomfortable. The judge, sitting high above everyone else, glaring and analyzing every word that comes out of each party’s mouth, is overwhelming. Court proceedings can be intimidating processes, and it is reasonable to want to avoid them. However, sometimes with personal injuries claims, a court proceeding is necessary, but not always.


Settlement negotiations are often the end of personal injury claims. Most insurance companies want to avoid the publicity associated with a trial and will do anything in their power to settle a case quietly. However, do not assume that an insurer’s motivation to settle means that they are willing to fork over more money than your claim is worth. Honestly, a settlement agreement will almost certainly see a resolution below what you might expect from an official judgment.

Appearances Are Not Mandatory

In some personal injury claims, even those that go to trial, your presence may not be required. Some courts allow your attorney to speak on your behalf, allowing you to avoid the anxiety associated with a trail. However, some states or judges will require your presence unless you have a legitimate reason for being absent. An example of a valid reason is having injuries that make it impossible to travel.

Fear is Unnecessary

While it is reasonable to fear a courtroom, especially when you are not familiar with the process, it is ultimately unnecessary. Fear often arises out of unknown risks or the inability to make associations with ordinary things. Courtrooms have a discernible hierarchy and an expected level of decorum. Still, aside from being portrayed as intimidating structures and institutions, the actual trial process is relatively mundane, especially when dealing with personal injury claims.

A lengthy trial is the last thing you or the insurance company wants. Insurers have to deal with lousy publicity often enough without the addition of an injured person talking about the company’s lack of empathy. Even if you have a fear of the court proceedings, a lawyer can still help you navigate settlement negotiations.

If you are injured and looking for compensation from the liable insurer, then reach out to a personal injury lawyer, like from Davis & Brusca. Keep in mind that the trial is the last step to be taken and that companies are motivated to settle outside of a courtroom. Your attorney will be able to take the lead on settlement negotiations, and the worst-case scenario is that your case goes to trial, and you have to sit quietly while your lawyer argues on your behalf.