All cases at Funk and Associates are handled as if they will go to trial, but many are settled pre suit. Your personal injury case could go to trial under certain circumstances. Most personal injury cases are settled out of court, whether during the insurance claims process or during pre-trial mediation. However, if you and your attorney are unable to reach a fair agreement with the insurance company, then your case could go to trial. At trial, a judge or jury would decide whether you are entitled to recover compensation, and, if so, how much.