If you have been injured in an accident caused by someone else’s negligence, you may have a personal injury claim. One of the most important decisions you will need to make is whether to settle your case out of court or take it to trial. There are advantages and disadvantages to both options that you should carefully weigh with your El Paso personal injury attorney. This article provides guidance on factors to consider when deciding whether to settle or go to trial in a Texas personal injury case.
Assessing Liability
The first thing to analyze is whether liability for the accident is clear or disputed. If liability is unambiguous and firmly established, the defense is more likely to offer a reasonable settlement. When liability is contested, the defense will typically push for a lower settlement or take the case to trial.
Strong evidence of liability includes police reports citing the other party at fault, eyewitness accounts, photographs of the accident scene, and documentation like medical records attributing your injuries to the accident. If liability is unclear due to lack of evidence or conflicting testimony, the defense will argue your claim has little merit.
You will also need to consider the applicable laws, regulations, and legal standards governing liability. For example, Texas follows comparative negligence rules, which means you are still able to recover damages even if you were partially at fault. But your compensation is reduced by your percentage of fault. Your attorney can assess how liability laws apply to your case.
Evaluating Damages
Your damages must also be thoroughly calculated and documented. Damages include medical bills, lost income, pain and suffering, and permanent disability. The higher your provable damages, the more leverage you have to negotiate a favorable settlement. Weak documentation of damages will decrease your settlement value.
Make sure your attorney has collected all medical records, bills, pay stubs, and other evidence to validate your losses. Be prepared to show how the accident has impacted your life and abilities. Quantifying non-economic damages like pain and suffering is challenging but critical.
Your attorney may hire experts to assess your medical prognosis, project future costs and lost earnings, and calculate the value of your pain and suffering. Expert opinions bolster your claimed damages. The defense will seek to minimize your damages, so having irrefutable evidence is key.
Assessing the Value of Your Claim
By analyzing liability and damages, your attorney can determine a settlement value range based on verdicts and settlements in comparable cases. If the defense’s offer falls within that reasonable range, settlement may be prudent to access funds sooner for treatment and recovery.
If the defense rejects a reasonable demand or makes an unreasonably low offer, they may be betting you will accept less at trial. Refusing to settle is risky if there are uncertainties over legal arguments or sympathetic juries.
The insurance policy limits will also affect settlement. If the at-fault party has low liability coverage, the insurer may offer that limit quickly. Higher policy limits provide more room for negotiation.
Considering the Time and Cost of Trial
Settlement avoids the significant time commitment, stress, and costs of trial. A trial can last days or weeks, requiring time off work and childcare. There are also costs to prepare exhibits, take depositions, pay expert witnesses, and other trial expenses.
While you may get a larger award at trial, it could be months or years before you receive funds. Settlement provides certainty and faster payment to move on. If the defense makes a fair offer, settling may be preferable over gambling on a trial.
You should discuss with your personal injury lawyer El Paso TX any personal factors that may influence your trial versus settlement decision. For example, a settlement may be critical if you need urgent funds for medical treatment. But if non-economic damages are significant, trial may be worth pursuing.
Assessing the Risks at Trial
There are never any guarantees when taking a case to trial. Even strong evidence and likable plaintiffs can lose at trial or receive disappointingly small awards.
Juries are unpredictable. The defense will try to skew liability and minimize your damages at trial. Effective cross-examination of witnesses could dent your credibility. Juries may make unreasonable conclusions.
An insufficient award may not even cover your legal fees and trial costs. Settling avoids the risk of getting nothing at trial or walking away with less than the certain settlement amount.
The judge’s rulings during trial can also profoundly impact the outcome. Judges may exclude evidence or witnesses favorable to your case. Appeals are possible but add further delays.
When Trial May Be the Best Option
If liability is clear-cut and your damages are extensive, trial may secure you the maximum recovery, especially if the defense’s offer is unreasonably low. Plaintiffs with serious, lifelong injuries often take their cases to trial.
Trial also makes sense if defenses are offering nuisance settlements that barely cover expenses. You hold the leverage at trial when the defense’s liability is indefensible. Insurers often increase offers as trial nears. Refusing early lowball offers shows you are willing to go the distance if necessary.
If non-economic damages like pain and suffering are substantial, a jury may award you far more than any settlement. Trial can bring you justice and hold negligent parties fully accountable in court. The publicity and precedents from trial can also spur systemic changes to prevent future injuries.
Consulting an Experienced Attorney
Deciding between settlement and trial is complicated, with major financial implications. An experienced personal injury lawyer El Paso TX knows how to build maximum leverage for the best outcome, whether settling or trying your case.
At Karns & Karns Personal Injury and Accident Attorneys, our Texas lawyers have a proven record of success in court and at the negotiating table. Over the years, we have won hundreds of millions of dollars for injury victims. We know how to prove liability, validate damages, negotiate strategic settlements, and try cases persuasively.
For a free consultation on your best options and rights after an injury accident, contact our firm at 800-4THE-WIN (800-484-3946) or through our website. Our team is always ready to fight for the justice and maximum compensation you deserve. With seasoned trial experience and negotiating savvy, we will pursue the optimal settlement or take your case to trial for maximum results.
