That depends on who is suing. If you file a lawsuit in Texas, you decide when to settle. Your attorney does not make that decision, you do.
If you have an attorney that is pushing you to settle a case (or not to settle), you may want to consider speaking with another attorney.
Your Austin personal injury attorney may advise you on whether to settle. Your attorney can tell you how strong the case might be, your chances of winning. An attorney can discuss how much money other people received when they were similarly injured. However, no attorney can predict the future or the outcome of a case. It is unwise to trust a personal injury attorney that makes too many promises about who will win a lawsuit and how much money you might receive. They can only estimate.
In choosing an Austin personal injury attorney, you should think about:
Under Texas law, both sides of the lawsuit must agree to settle, and sign a contract known as the settlement agreement.
The agreement usually states that this ends the dispute between the two sides.
After a settlement agreement is signed, in most cases the people or companies who signed cannot file another lawsuit for the same matter. In legal terms, the settlement agreement is legally binding.
The settlement agreement sets out all the points that each side agrees (e.g., how much money will be paid, whether any repairs are required). Sometimes the agreement may include:
The liability release says the person suing releases the other parties (the other drivers and their insurance companies) from future claims.
After signing the liability release, you can no longer sue those parties for bodily injuries or property damage that were caused by the same car accident.
The dispute is settled.
Sometimes people and companies want the details of a big settlement to be kept quiet. They may think that other people who were in similar accidents may want the same amount of money.
That is why many personal injury lawsuit settlements include a confidentiality agreement. Some people find this irritating, but many sign it. One reason is that it may mean receiving a larger settlement. If you sign a confidentiality agreement, you are usually prohibited from telling anyone the settlement details, including the amount of money you received.
Justinian & Associates is an Austin personal injury law firm that understands settling cases can be quicker and easier. Many of our clients settled their disputes quickly but still felt they received fair and adequate compensation.
Even if you do not want to file a lawsuit, Justinian & Associates has a staff of investigators and the legal experience needed to present your case to the other side.
If you show the person or company that injured you that you are capable of filing and winning a lawsuit, they are more likely to want to settle. They do not want to have to spend lots of money and time on a lawsuit.
Insurance companies and other businesses also know that in a lawsuit, the judge or jury might award an injured victim more money. When the company offers a settlement, it lets them control the amount they may owe.
The auto insurance industry has conducted several studies on legal settlements. They have found that:
Our Austin-based attorneys have over a collective decade of experience with personal injury law. We have helped thousands of clients in both large and small cases.
And 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).
Tell us your story, and we will explain your options under the law.