Many times, people have to file a lawsuit in a case simply to get the attention of an insurance company. Just because you file the lawsuit, doesn’t mean you ultimately have to testify, although that may very well happen. Remember, many times filing a lawsuit is just the beginning of a process. That process may end at some point short of actually sitting in a courtroom and going through a trial.
For example in North Carolina, all cases have what’s called mandatory mediation. That’s a settlement conference that’s held during the workup of the case, and many cases conclude through that mediation process. You don’t necessarily have to testify once you file a lawsuit, although that is certainly something that could happen if your case goes that far. We need to be prepared for that eventuality in every case.