The large majority of Texas personal injury claims resolve through settlement rather than trial. Settlements are faster, less expensive, and avoid the uncertainty of a jury. But a fair settlement usually only comes when the insurer believes the claimant is willing and able to try the case.
Why Most Cases Settle
That is why preparation matters even in cases that ultimately settle: the credible threat of trial drives the offer.
When Filing Suit Becomes Necessary
If the insurer refuses to make a fair offer, the statute of limitations is approaching, or liability is disputed, filing a lawsuit may be necessary. Filing does not mean a trial is inevitable — many cases settle during litigation, after depositions and discovery reveal the strength of the claim.
Texas also offers mediation, where a neutral third party helps the sides reach a resolution, often successfully.
Getting Guidance on Strategy
Deciding whether and when to file is a strategic judgment best made with experienced counsel. A free review can map out the likely path for your claim.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.