Settlement vs. Trial for Personal Injury Cases in Texas

When faced with a personal injury case in Texas, claimants must decide whether to settle out of court or pursue a trial. This decision can significantly affect the duration, cost, and potential outcome of the case. Understanding the distinctions between these two routes can help injured individuals make informed decisions aligned with their personal circumstances and legal goals.

At The Morgan Law Group, we understand the complexities of Texas personal injury cases. Whether through settlement or trial, our dedicated Texas personal injury attorneys help injured individuals navigate the legal landscape to recover just compensation.

Difference Between Settlement and Trial in Personal Injury Cases

Texas personal injury cases, understanding the legal nuances that distinguish settlements from trials is crucial for anyone seeking compensation for injuries.

Settlements in Texas Personal Injury Cases

Settlements are agreements negotiated between the injured party (plaintiff) and the party allegedly at fault (defendant), typically facilitated by their respective attorneys and often involving the defendant’s insurance company. 

Pros

• Certainty of Outcome: Settlements provide a definite outcome agreed upon by both parties, without the uncertainty of a jury verdict.
• Confidentiality: Unlike trial verdicts, which are public, settlements can remain confidential. This can be beneficial for preserving privacy regarding the specifics of the incident or the settlement amounts.
• Avoiding Legal Expenses: Settlements usually incur lower legal costs compared to trials, making them economically preferable, especially in less clear-cut cases.
• Compliance with Procedural Norms: Texas encourages pre-trial mediation as a part of the litigation process, often leading to settlements before reaching the courtroom.

Cons

• Potentially Lower Compensation: Settlements may result in lower compensation compared to what might be possible from a trial verdict, especially if the defendant’s liability is clear and the damages are significant.
• No Formal Admission of Fault: Settlements typically do not include an admission of fault by the defendant, which can be unsatisfactory for some plaintiffs seeking formal acknowledgment of wrongdoing.

Trials in Texas Personal Injury Cases

Trials are formal legal processes where the case is presented to a judge or jury in a court setting. Under Texas personal injury laws, the plaintiff must demonstrate that the defendant was at fault due to negligence or other wrongful actions and that this fault caused the plaintiff’s injuries.

Pros

• Potential for Greater Compensation: If the jury or judge finds in favor of the plaintiff, the compensation awarded can be significantly higher, especially if punitive damages are considered.
• Establishing Liability: A trial verdict can formally establish the defendant’s liability, which is publicly recorded and can be important for precedent or for influencing public policy.
• Impact on Legal Standards: Successful trial outcomes can influence broader legal standards and contribute to more stringent safety regulations or clearer liability definitions.

Cons  

• Time and Expense: Trials are often lengthy and expensive, involving extensive preparation, multiple court appearances, and higher attorney fees.
• Unpredictability: The outcome of a trial can be uncertain. Jurors’ perceptions and interpretations of the evidence can vary, leading to unexpected results.
• Public Exposure: Since trial records are public, the details of the case, including personal information and specifics of the injury, become accessible to the public.

Whether opting for the quicker, more certain resolution of a settlement or the potentially higher rewards of a trial, plaintiffs should consult with experienced personal injury lawyers in Texas to navigate these complex decisions effectively.

When It’s Best to Settle a Personal Injury Case in Texas

Settling a personal injury case can often be the most advantageous route for many plaintiffs in Texas, due to various strategic and practical reasons. Understanding when to opt for a settlement can significantly impact the effectiveness and satisfaction with the case’s resolution.

1. When the Offer Is Fair and Covers All Damages: If the settlement offer from the defendant or their insurance company covers all past and future medical expenses, lost wages, pain and suffering, and any other damages, it may be wise to settle. Especially if the compensation aligns closely with what might be awarded at trial, settling can be a sound decision.
2. When Liability Is Unclear or Disputed: If the case involves complex issues where liability is not clear, or if there’s a significant risk that the plaintiff could be found partially or fully at fault, securing a settlement might avoid the risk of receiving nothing at trial.
3. To Avoid Protracted Litigation: Trials can be lengthy, stressful, and expensive. If a quick resolution is preferred or necessary for financial or emotional reasons, settling can provide closure and certainty much faster than a trial.
4. Privacy Concerns: Settlements are private, and details are not typically made public, unlike trial proceedings and outcomes, which are part of the public record.

When a Personal Injury Case Requires a Trial

In some scenarios, taking a personal injury case to trial is necessary to achieve justice and appropriate compensation. The decision to go to trial should be based on careful consideration of the case’s specifics and strategic legal advice.

1. Insufficient Settlement Offers: If the settlement offers are repeatedly inadequate and do not cover all damages or fail to acknowledge the severity of the injury, a trial might be the best option to seek full compensation.
2. When Fault Is Clear and Evident: If there is undeniable evidence that the defendant is at fault, going to trial might result in a more favorable judgment, especially if the damages are substantial and well-documented.
3. To Set Legal Precedents: Some personal injury cases involve issues where the plaintiff or attorney aims to set a legal precedent or influence public policy. In such cases, a trial and subsequent legal rulings can have broader implications beyond the individual case.
4. Public Accountability: For severe cases involving egregious negligence or misconduct, a trial can bring public attention to the behavior, potentially preventing future harm to others.

Consult Our Texas Personal Injury Attorneys About Your Case

If you have been injured in an accident in Texas, it is crucial to seek legal counsel to understand your rights and explore your options for compensation. At The Morgan Law Group, our personal injury lawyers in Texas are equipped with the knowledge and experience necessary to guide you through the legal process, ensuring that your case is handled effectively. Call us or complete our online form about your case and have your free case evaluation scheduled.