Trial vs Settlement in Houston Personal Injury Claims

When you experience an injury because of someone else’s careless actions, you have the right to compensation. Yet, it can be difficult to understand your legal options and how to proceed in the litigation process. One of the biggest questions plaintiffs consider in personal injury claims is whether a trial or settlement offers the most advantages. Court trials and settlements both work to provide injured parties with the compensation they deserve. However, there are distinct differences you and your personal injury lawyer must consider when developing the best strategy for your claim. Learning about the differences between trial vs settlement in Houston personal injury claims can help you understand which option might be best for your situation.

Understanding the Difference in Trials and Settlements

Many people assume that filing a personal injury claim leads to a court trial. However, this often isn’t the case. A skilled attorney could negotiate with the at-fault party’s insurance company in an effort to reach an agreeable settlement without a court trial. If a sufficient settlement isn’t offered, a jury trial may be the next step.

Settlements

A settlement is an agreement between the plaintiff and the defendant without a court trial. The process often includes a negotiation between lawyers from both sides and can happen at any stage of the legal process. Typically, after gathering all the evidence for your claim, your lawyer will reach out with a settlement offer. The defendant might agree to the settlement, send a counteroffer, or deny the request. If a settlement isn’t immediately reached, the lawyers may negotiate again after the discovery process in pre-trial.

Your lawyer may encourage you to take a settlement under the following circumstances.

• The offer is fair and covers your damages
• You have privacy concerns surrounding a trial
• Liability is unclear and you may receive less or nothing at all at trial
• You prefer a quick resolution to a lengthy trial

Trials

When a sufficient settlement isn’t offered, taking a personal injury case to trial may be necessary to recover appropriate compensation for your injuries. A trial is a longer process than a settlement and includes discovery (gathering evidence), additional negotiations, and an opportunity to present evidence to a jury if an agreement isn’t reached. Your lawyer might encourage you to go to trial under the following circumstances.

• All settlement offers are insufficient to cover the cost of your damages
• There is clear evidence that the defendant is at fault
• The case is severe enough to hold the defendant publicly accountable for their misconduct to prevent future harm to others
• The benefits of a trial will outweigh the costs

Considering the Risks of Going to Trial

While attorneys from both sides often work together to negotiate an acceptable settlement, a trial presents an opportunity for a claimant to recover higher compensation when an insufficient settlement is offered. However, a trial is lengthy and considerably more expensive than a settlement. The outcome of a trial can also be unpredictable, leading to less compensation overall. A skilled Houston lawyer can help you weigh your options and determine if going to trial is likely to lead to the most favorable outcome.

Talk to a Houston Attorney and Weigh the Benefits of Trial vs Settlement in Personal Injury Claims

If you have been injured in an accident in Texas, working with a skilled attorney can help you better understand your legal options and the benefits of trials and settlements. The experienced lawyers at Schechter, Shaffer, & Harris LLP have substantial experience helping clients weigh the benefits of trial vs settlement in Houston personal injury claims. We’ll examine the unique details of your case, fight aggressively for a fair settlement, and take your case to trial if necessary to help you get the compensation you deserve. Contact us today to schedule a free consultation.