Should I settle my case or go to trial?

The majority of personal injury accidents settle out of court. Many settle even before a lawsuit is filed, on the basis of a letter or even a phone call.

No one can (or should) promise what the outcome of your case will be. But a seasoned attorney like Justinian & Associates knows what steps are needed to prove and win a personal injury lawsuit. Our experience guides us in evaluating a new case.

Deciding whether to settle your personal injury case depends several considerations:

The ability to PROVE your case in the legal system

Even if you did nothing wrong, winning a lawsuit means proving your case to a judge or jury. This involves all the rules of evidence and court procedure that apply to a trial.

These are many factors to consider. If you have been injured by someone else in Texas, you may want to discuss your case with an Texas personal injury lawyer that can hear the facts, understands the different laws that may apply, and is experienced with the court system.

Other Considerations

There are many reasons that most personal injury cases settle out of court:

Going to court is expensive

Filing a lawsuit includes court fees, and quite a bit of work. This can include:

• Documenting evidence (taking photos, getting copies of police reports).
• Legal research to determine which laws and cases apply to your particular accident.
• Expert witnesses to explain the accident or the plaintiff’s injuries. Court rules usually require that such witnesses be paid for their time.

Lawsuits can take a long time

Settling may be the best option if a client needs money right away, perhaps for lost income or medical expenses. Lawsuits may not be the fastest route to achieving that.

• Lawsuits involve scheduling court with defendants and the public court system. Even in the best circumstances, lawsuits can often take several weeks or months.
• Many cases involve complicated facts or multiple parties can take years to resolve.
• The legal system includes many checks and balances to give each party a chance to make their case. The result is that the wheels of justice turn slow.

Lawsuits can be bad publicity

Lawsuits are usually public events. Evidence like company documents and sworn testimony from company employees may become public.

The lawsuit may reflect badly on the party that caused the injury. For example, if a company vehicle was involved in an auto accident, the company may choose to avoid publicity that could damage its image.

Juries can be unpredictable

The truth is, jurors are people with their own emotions and biases. The law provides some safeguards and many folks do their level best to evaluate a case objectively.

But even juries that try to be as honest and fair as possible can sometimes make decisions because of beliefs and emotions. If a jury is sympathetic to your injuries, the insurance company may end up paying a much higher amount.

On the other hand, the jury could decide that the other driver was not at fault, or that you were partly at fault. That usually does not happen to us, but if it does, you would lose your case and receive no compensation.

• Of course, if you receive no compensation, you pay nothing to Justinian & Associates. Our representation is always on contingency, meaning we only get paid if we win.

No one can (or should) promise what the outcome of your case will be. But a seasoned attorney like Justinian & Associates knows what steps are needed to prove and win a personal injury lawsuit.

Justinian & Associates has the experience, knowledge and the resources to take on your personal injury matter.

Based in Texas, Justinian & Associates understands that settling a case is often quicker and easier. You can often receive compensation much more quickly. If you’re partly at fault in a car accident, settling can remove the doubt of a jury being unsympathetic. Many of our clients have settled their cases quickly and felt the compensation they received was fair and adequate.

But we have also taken Fortune 500 companies at trial, and aren’t afraid of court.

But we aren’t in the business of suing people. We’re in the business of fighting for injured victims and our goal is to deliver justice, whatever that means for the client.

Our clients have ranged from local Texas drivers, to large family estates. And even if your matter is simple, we deal with the insurance companies to make sure your car is quickly repaired and a rental car provided. We understand the arguments some insurers use to give a low-ball settlement offer, or even deny their driver was at fault. 

We also know the law and how the legal system works. Without someone evaluating your case from your perspective, you are at the mercy of the company or insurer tossing out a settlement offer. Every case is different, and we have to hear your story to understand your case. But a widely-cited study by the auto insurance industry showed that auto accident victims represented by an attorney are generally compensated about three times higher than those without one.

85% of the compensation that auto insurance companies pay for bodily injuries goes to victims who were represented by a lawyer.

Our Texas-based attorneys have over a collective decade of experience with personal injury law and the legal system. Our clients have ranged from individual local Texas drivers to large groups of consumers injured by dangerous pharmaceuticals.

And even if you hire us, unless we win, you pay nothing.

Call, text or email us for an absolutely free consultation with a staff attorney (not a “screener” or a paralegal). There is no cost or obligation.

Tell us your story, and we will explain your options under the law.