Not necessarily. Not all cases are tried before a jury. In fact, only a small percentage of cases are not resolved before the parties head to the courthouse. Whether your particular case settles "out of court" depends on the facts of the case and the expectations of the parties. The more discrepancy in the parties' stories, the higher chance of going to court. And if one of the parties has an unrealistic expectation on the outcome, then there is a higher chance of the case going to a jury.

As a plaintiff's attorney, my clients and I usually are on the same page when it comes to valuing their case. But if the insurance company for the responsible party has a valuation completely different than ours, then the case very well may need to be tried.