Do I Have to Go to Court for a Dog Bite Case in Michigan?
Many Michigan dog bite victims hesitate to pursue claims because they imagine themselves on a witness stand. Here’s the honest reality.
The Short Answer
Usually no. Approximately 90-95% of Michigan dog bite cases settle without trial — most settle before a lawsuit is even filed. Even cases that do enter litigation typically settle during discovery or at mediation. Most clients never appear in a courtroom for any reason other than possibly a settlement conference. When trial is genuinely necessary (rare), your attorney prepares you completely. You’re not on your own.
Video coming soon — Solomon Radner answers this question
The Detailed Answer
The fear of going to court is one of the most common reasons Michigan dog bite victims hesitate to pursue legitimate claims. The image is familiar — being grilled on a witness stand, having intimate medical details exposed publicly, facing a hostile jury. None of this matches what actually happens in most cases.
Most cases never see a courtroom
Insurance companies prefer settling cases. Trials are expensive, unpredictable, and create publicly available records. When liability is clear under MCL 287.351 — which it usually is in Michigan dog bite cases — the insurance company’s economic incentive is to settle.
The typical pattern:
- 50-70% of cases settle before a lawsuit is even filed — pure negotiation with the insurance carrier
- 20-30% of cases settle after a lawsuit is filed but before trial — typically during discovery or at mediation
- 5-10% of cases actually go to trial
If your case settles before lawsuit
You will likely never set foot in a courtroom. The case is handled entirely through correspondence, phone calls, and email between your attorney and the insurance adjuster. Your involvement is providing information, attending one medical examination if required, and reviewing/signing the final settlement documents.
If your case requires a lawsuit
You will likely need to attend:
- A deposition — typically held at your attorney’s office or via Zoom; you answer questions under oath. Your attorney prepares you in advance.
- An Independent Medical Examination if requested — examination by a defense-selected physician
- A mediation or settlement conference — held at a neutral location, not a courtroom
None of these involve a judge or jury. They are conducted in conference rooms or by video.
If your case goes to trial
This is rare but possible. If trial is necessary:
- You will need to testify, typically for 30 minutes to 2 hours
- You may need to attend other days of trial to support the case
- Your attorney prepares you thoroughly in advance
- You are not on your own — your attorney is with you the entire time
The Michigan Dog Bite Law Firm is willing to take cases to trial when settlement offers don’t fairly reflect the value of the case. Trial-ready posture is one reason insurance companies tend to offer more to lawyers known for actually trying cases.
What This Means for Your Case
The fear of going to court should not prevent you from pursuing your claim. Statistically, you almost certainly won’t. And if your case is the unusual one that goes to trial, it means the settlement offer was genuinely unfair — and trial typically produces a higher recovery.
Related Questions
Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.
