Do most cases proceed into litigation?
Many cases do proceed into litigation because of the inability of the injured person and the at-fault driver’s insurance company to agree as to the value of the claim. Following the commencement of litigation, some cases settle, often at a mediation. Mediations tend to occur a few months prior to a trial date. If a case does not settle, either at a mediation or otherwise, then it proceeds to a trial, usually in front of a jury of six persons.