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That's a good question and it really depends on so many different factors. When a case goes to court, it's usually because one side didn't analyze the case correctly or there's a big risk for one or both sides.
The clearer the liability situation is, the less likely it is to go to court. Injuries that are objective (can be documented by medical testing or observation) are less likely to go to court. When it is clear that your injury was caused by the accident alone, without prior related medical conditions you are less likely to go to court.
Now while only a small percentage of our cases do go to court, we are going to treat every case like it is going to court. That allows us to put some pressure on these insurance companies and defense attorneys even if it is not our plan to go to court.
It is really impossible to tell whether a case will go to court before a lawsuit is filed because it will depend on the behavior of the insurance company and their lawyers.
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