Do I Have to Sue?
If you are injured due to the negligence of another, you don’t have to sue. The real question is “should you sue?”
Whether you should sue depends on a variety of factors. Damages can include your lost wages, medical costs related to the injury, and “pain and suffering.” Other damages that may apply include emotional distress, loss of companionship, wrongful death and punitive damages. When attempting to settle an injury case, the other party’s insurance company may not include damages you might be entitled to get. The company may also attempt to convince you to accept a smaller settlement than you might receive if you had hired an attorney to assist you.
Calculating your actual damages is a complex matter. There is no law that dictates the exact amount that you will receive for specific injuries. Instead, there is a scale that is used based on the extent of your injuries. Because of that, your case is generally given a range, for example, $50,000 to $70,000.
According to Texas law, you have two years to file a lawsuit for a personal injury claim. During that time, you have several settlement options. Two of those options include mediation and arbitration. Mediation involves a mediator working with you and the other party to reach a compromise. Arbitration involves an arbitrator who acts as a judge in the case by hearing evidence, and making a ruling.
If the company offers a settlement close to the calculated value of your damages, you may be wise to accept. Lawsuits are time consuming and cost more money. This means you could wait a long time for your compensation. Some cases take two or more years to conclude.