Is It Better To Settle A Personal Injury Case Or Go To Trial?

Daren Brown
By Daren Brown | March 20, 2019

Shaking-HandsIf you’ve been injured due to the fault of another person, you may suffer economic losses in addition to the pain and suffering you experience. In Texas, there are laws designed to help you recover compensation for the damages you sustain for such damages as lost wages and medical costs. There are typically two routes you can take to pursue legal remedies against the party at fault, namely, settling your case or taking the matter to court. You should always consult with an experienced personal injury attorney to determine which is the better option, but it helps to understand the implications of each strategy.

Advantages Of Settlement

There are significant benefits to settling your matter out of court rather than filing a lawsuit, including:

Cost: Taking your case to court is expensive, as there can be increased attorneys' fees, additional filing costs and expenses related to the services of expert witnesses.  In a settlement, these costs can be greatly reduced.

Time: Once you initiate your case, you’ll still have to go through depositions, document review, motions and other pre-trial activities. Your matter may not go to trial for several months or even years. Settlement negotiations can be accomplished quickly if both sides can compromise.

Stress: Trial activities are extremely stressful, as you’ll likely be interrogated by opposing attorneys at a deposition and during witness examination. If you settle your case, you may not have to go through these proceedings.

Privacy: When you file a case in court, the matter becomes public record and the details are available for anyone to see. Your injuries and circumstances regarding your treatment are quite personal, and you may not want these revealed. By settling your case, all the facts surrounding your accident are kept private except for the matters that are already on file with the district clerk.

Reasons To Consider Going To Trial

At times, it makes more sense to file a lawsuit in court. Many personal injury cases involve insurance companies and their agents don’t have your best interests in mind. They may try to pressure you to settle for an amount that doesn’t fully compensate you for your losses. Under the circumstances, it’s better to go to court because you’re more likely to recover the money that you’re entitled to under Texas law.

There are many other considerations involved with settlement versus litigation, which is why it’s important to discuss your personal injury case with a lawyer before proceeding on your own. The attorneys at Stockard, Johnston, Brown & Netardus, P.C. have extensive experience in settlement negotiations with insurance companies and in taking cases to court. Please contact our office with questions or to schedule a consultation.

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Topics: Personal Injury