Two Ways a Personal Injury Case Can Resolve
When you file a personal injury claim in Texas, the case will ultimately end in one of two ways. Either the parties reach a negotiated agreement called a settlement, or the case goes to trial and a judge or jury renders a verdict. There is no requirement to do one or the other. Both options remain available throughout the life of the case, and the decision about which path to pursue is one of the most important strategic choices you and your attorney will make.
What is a Settlement
A settlement is a voluntary agreement between the injured plaintiff and the defendant (or more commonly, the defendant's insurance company) to resolve the claim for a specific amount of money. In exchange for the payment, the plaintiff signs a release giving up the right to pursue any further legal action against the defendant related to the accident.
Settlements can happen at any stage of the case. Some cases settle before a lawsuit is even filed. Others settle after the lawsuit is filed but before trial, often during mediation. A small number of cases even settle during trial, before a verdict is returned.
Advantages of Settling
- Certainty. A settlement guarantees a specific amount of money. There is no risk of receiving less or nothing.
- Speed. Settlements typically resolve faster than trials. Depending on the complexity of the case, a settlement can put money in your hands months or even years sooner than a trial verdict.
- Privacy. Settlement terms can be kept confidential. Trial verdicts are public record.
- Control. Both parties have input into the terms of the settlement. A jury verdict gives that control to strangers.
- Reduced costs. Taking a case to trial involves significant expenses for expert witnesses, exhibit preparation, court reporters, and other litigation costs. Settling avoids many of these expenses.
- No appeal risk. Once a settlement is signed, it is final. A trial verdict can be appealed, potentially adding years of additional litigation.
Disadvantages of Settling
- Lower amount. Insurance companies know that most plaintiffs prefer the certainty of a settlement over the uncertainty of trial. They use that knowledge to offer less than the case might be worth at trial.
- Finality. Once you sign the release, you cannot go back and ask for more money, even if your injuries turn out to be worse than expected or your future medical costs exceed what was anticipated.
- No public accountability. A settlement does not create a public record of the defendant's wrongdoing. There is no jury finding of fault, no media coverage, and no deterrent message to other potential wrongdoers.
What is a Verdict
A verdict is the decision rendered by a jury (or a judge in a bench trial) after hearing all of the evidence presented by both sides. In a Texas personal injury trial, the jury answers specific questions on a charge submitted by the court. These questions address liability, causation, comparative fault percentages, and the specific categories of damages.
If the jury finds in favor of the plaintiff, the verdict specifies the amount of damages awarded. The court then enters a judgment based on the verdict, which is an enforceable court order requiring the defendant to pay the awarded damages.
Advantages of a Verdict
- Potentially higher recovery. Juries are not bound by the settlement offers that insurance companies put on the table. If the evidence supports it, a jury can award significantly more than the insurance company was willing to pay voluntarily.
- Public accountability. A trial puts the defendant's conduct on public display. The wrongdoing is documented in the court record. The verdict sends a message that the community does not tolerate the type of behavior that caused the plaintiff's injuries.
- Deterrence. Large jury verdicts create powerful deterrent effects. When a company faces a substantial verdict, it often changes its practices to avoid future liability. That change in behavior protects future members of the community from similar harm.
- Sense of justice. For many plaintiffs, having a jury of their peers hear their story, evaluate the evidence, and render a finding of fault provides a sense of justice and validation that a private settlement cannot match.
Risks of Going to Trial
- Uncertainty. No matter how strong your case appears, there is always risk. Juries are unpredictable. A single juror who sympathizes with the defendant can dramatically affect the outcome.
- Time. Texas courts have crowded dockets. It can take two to three years or longer to get a personal injury case to trial. During that time, you may be struggling with medical bills, lost income, and the emotional toll of ongoing litigation.
- Cost. Trial preparation is expensive. Expert witnesses must be retained, depositions must be taken, exhibits must be prepared, and your attorney must dedicate significant time to trial preparation.
- Comparative fault. Under Chapter 33 of the Texas Civil Practice and Remedies Code, the jury assigns a percentage of fault to each party. If the jury finds you more than 50 percent at fault, you recover nothing.
- Appeals. Even if you win at trial, the defendant can appeal the verdict. The appeals process in Texas can take one to three years, during which your recovery may be delayed.
Mediation as a Bridge Between Settlement and Trial
Many Texas personal injury cases go through mediation before trial. Mediation is a structured negotiation process facilitated by a neutral third party (the mediator) who helps both sides explore settlement options. Mediation is not binding unless the parties reach an agreement. If mediation fails, the case continues toward trial. If mediation succeeds, the parties sign a binding settlement agreement and the case is resolved.
How to Decide Whether to Settle or Go to Trial
The decision to settle or go to trial is ultimately yours. Your attorney's role is to advise you on the strengths and weaknesses of your case, the range of likely outcomes at trial, and the fairness of any settlement offer on the table.
- The strength of your evidence. Cases with clear liability and well-documented damages are stronger candidates for trial.
- The severity of your injuries. Catastrophic injury cases with significant future medical needs may warrant the higher potential recovery of a trial verdict.
- The defendant's resources. A defendant with deep pockets (or a large insurance policy) can pay a substantial verdict. A defendant with minimal assets may not be able to satisfy a large judgment regardless of the verdict.
- The insurance company's offer. If the settlement offer fairly compensates you for all of your losses, accepting it may be the wisest course. If the offer is insultingly low, trial may be the only way to achieve justice.
Contact Medina and Medina
Whether your case resolves through settlement or verdict, Medina and Medina will fight for the maximum recovery available. We prepare every case as if it is going to trial because that preparation is what gives us leverage to negotiate the best possible settlement. Call us at (512) 883-0012 for a free consultation. You pay nothing unless we win.
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Sobre el Autor
Israel MedinaSocio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.
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