Texas Personal Injury Cases: To Settle or Go to Trial?

In the sprawling state of Texas, where bustling urban centers blend seamlessly with picturesque rural landscapes, accidents and injuries are an unfortunate reality of daily life. From car accidents to slips and falls, personal injury cases can arise from a myriad of situations. While many individuals may assume that such cases automatically proceed to trial, statistics show that the majority of personal injury cases in Texas actually never reach the courtroom.

One might wonder why this is the case. The answer lies in the intricate legal landscape and the different paths that personal injury cases can take. Texas, like many other states, operates under a fault-based system for personal injury claims. This means that in order to hold someone liable for their negligence, the injured party must prove that the other party was at fault for the accident or incident that caused the injury.

In the vast majority of personal injury cases, a fair settlement is reached through negotiation and mediation instead of proceeding to trial. This is beneficial for both plaintiffs and defendants as it saves time, money, and the emotional toll that a lengthy court battle can bring. Furthermore, settling a case out of court enables both parties to have more control over the result and avoid the uncertainty of a jury's decision.

According to data from the Texas Office of Court Administration, only about 2% of personal injury cases in Texas actually make it to trial. This figure may seem astonishingly low, but it is a testament to the effectiveness of alternative dispute resolution methods, namely settlement negotiations and mediation. This low trial rate, however, does not mean that personal injury cases are resolved quickly. On the contrary, reaching a settlement can still be a complex and time-consuming process.

Personal injury cases generally begin with the injured party filing a claim with the at-fault party's insurance company, seeking compensation for the damages they have suffered. Insurance companies are motivated to resolve claims promptly to minimize their financial liability and maintain their reputation. Consequently, they often engage in settlement negotiations with the injured party and their attorney.

While settlements are a common outcome, not every case is amicably resolved. If negotiations fail, the next step is typically mediation, where a neutral third party assists the parties in reaching a mutually agreeable resolution. Mediation is often successful in facilitating compromise, but it does not always guarantee a settlement.

When all other efforts to reach a resolution fail, and the parties remain at an impasse, the case may proceed to trial. A trial can be a time-intensive and costly process, as it involves selecting a jury, presenting evidence, and arguing the case in court. For this reason, both plaintiffs and defendants generally prefer to avoid the risk and expense associated with a trial.

In summary, personal injury cases in Texas are far more likely to be settled out of court than to proceed to trial. The adoption of alternative dispute resolution methods such as negotiation, mediation, and settlements allows parties to efficiently resolve their disputes and move forward with their lives. This emphasis on resolution rather than litigation ultimately benefits all parties involved in a personal injury case.

An experienced personal injury attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.