Do you have to go to court if you file an injury claim? No, you do not have to go to court just because you filed a personal injury claim. Most cases settle without even having to file a lawsuit, but if we do have to file a lawsuit, then usually through the discovery process, most of the disputes get worked out and we get a pretty good idea of what percentage of fault they probably are. Theyāll be depositions taken of the doctors and people who prove up lost wages and lost earning capacity. Then everybody kind of has a better idea of what the case is really worth, and generally, a lot of cases will settle right before a trial, right before you go to court. So most cases, you do not have to actually go to court to get them resolved.