When you’ve been hurt in an accident, you may wonder if you should settle or take your injury case to court. Many people who have never been involved in a court case are hesitant to file lawsuits, but sometimes going to court is the best strategic move for your case. In other situations, settling your case for a cash payment may make more sense. But you typically sign away important rights when you settle an injury case. It’s important to make an informed decision with the help of a Texas personal injury attorney who advises you about your rights.
Key Differences Between Filing a Lawsuit and Settling a Personal Injury Claim
After an injury accident caused by someone else, you’re probably dealing with medical bills and other costs. Insurance often covers accidents, especially if you were hurt in a car accident or at someone’s business. You can make a claim against the insurance for your losses. Frequently, insurance companies offer quick settlements to injured victims. Their goal is to avoid more costly negotiations or litigation. However, agreeing to a lowball settlement can restrict your right to seek additional damages in the future. That’s because most settlement agreements contain a prohibition against suing in court or asking for more money in the future, even if you need additional medical treatment.
Alternatively, you can file a lawsuit against the insurance company and the person who caused your accident in court. While court may sound scary, it’s often a valuable avenue to get a jury or judge to decide your case, instead of having to negotiate with a big insurance company. Your lawyer can walk you through each part of the court process. It’s very helpful to have a lawyer who can prepare and file the necessary legal documents on your behalf and speak to the judge.
At Allen & Nunnally, our lawyers prepare every case like it’s going to trial. In reality, many cases never make it to trial. Filing a lawsuit puts pressure on the insurance company to resolve the claim before legal fees and a potential judgment against the company hurt its bottom line. In other words, the insurance company may offer a better settlement after you file the lawsuit than beforehand. Getting to that point starts with quality legal representation that develops your best case to recover damages if the case does go to trial.
The Importance of Individualized Case Assessments
You may be wondering whether settling or filing a lawsuit is right for your Texas injury case. It’s extremely important to get an individualized case assessment before making any big decisions about resolving your case. Everyone’s injury case is different, including the medical costs, lost wages, and other factors such as potential emotional distress and pain. Don’t rely on the Internet, AI searches, or conversations with other accident victims to make your decisions. You need a human to review your facts and the applicable law, then advise you on your realistic options. If you’ve already received a settlement offer from the insurance company, we strongly urge you to talk with an attorney before responding. If you’ve just been injured and haven’t had any contact with the insurance company, an attorney can help you with that. Assembling your best case for court or for settlement starts with speaking to a personal injury lawyer.
Frequently Asked Questions
How do I figure out whose insurance company is responsible for my medical bills?
Our lawyers at Allen & Nunnally help Texans determine who should be held accountable for medical bills and lost wages. In car accidents involving multiple drivers, determining fault can be tricky. Also, people who are hurt at businesses or on private property often need assistance determining how to seek compensation.
How can I tell if a settlement offer from the insurance company is fair?
Schedule a consultation with a personal injury lawyer who can help you identify and quantify all your past and possible future damages available to you under Texas law. This number will give you an idea of where negotiations with the insurance company need to go. If a settlement does not seem realistic right now because the insurer lowballed your offer, filing a lawsuit may be your best option.
“No Better Friend” “No Worse Enemy” in Injury Accident Cases
Have you suffered a serious injury and need legal advice on your case? Do you need help recovering the compensation that you deserve? At Allen & Nunnally, we pride ourselves on maintaining a high level of preparation and discipline, which stems from our time in the Marines. Our success on behalf of injured clients shows why hardworking Texans trust us to fight for them. To schedule a consultation with one of our Houston-based attorneys, email us at info@allen-nunnally.com, use our convenient Contact Form, or call (713) 955-2217.