There are many steps that your attorney will guide you through before (if ever) you go to court. In personal injury cases of all types, the attorneys on both sides will talk formally as well as informally. In formal talks called mediation sessions, all parties will join a mediator to present their sides and the mediator will attempt to negotiate a settlement between the parties. If an insurance company is involved, a representative may be present as well. The mediator will meet with all parties jointly, but will also meet with the parties separately in an effort to come to a settlement agreeable to all involved.
If mediation does not turn into a settlement, the case may proceed to court where a jury will decide the case. Because this is always a possibility, it is important to have an attorney that is confident, prepared, and experienced enough to represent you as strongly in a mediation as in a courtroom.