While most personal injury cases resolve through insurance claims, that’s not true for every situation. Some cases merit lawsuits. Your attorney might recommend suing the property owner if: The deadline for filing a lawsuit is quickly approaching with no resolution in sight. The insurer denies the claim and refuses to negotiate. The insurer will not offer a fair settlement. They see other reasons why a lawsuit might benefit your case. When you file a personal injury lawsuit, it will most likely be in the county where your fall occurred. Your attorney can prepare and file the complaint against the liable party and manage your case as it proceeds through the civil court system. Often, settlement negotiations continue throughout this process. In some cases, insurance companies increase their offers and resolve claims without courtroom battles. Even when you sue the property owner, most of these cases do not go to trial. Settlements are still the most likely successful outcome. The courts encourage settlement talks, and many even require mediation before they set a trial date.