Do Most Personal Injury Claims Go to Trial?
Hurt in an accident in Texas? You have the right to hold the negligent party liable through a personal injury claim. You may be wondering: Is my personal injury claim likely to go to trial? The short answer is no. In fact, only a relatively small share of personal injury cases in Texas actually make it to trial. Within this article, our Sugar Land personal injury lawyer provides a more comprehensive overview of the legal claims process in Texas.
Most Personal Injury Cases are Resolved Without a Trial
First and foremost, it is important to emphasize that most personal injury cases in Texas are resolved outside of the courtroom. In fact, personal injury settlements are nearly 20 times more common than personal injury verdicts. Settlements are reached for many different reasons. Defendants and insurance companies often want to minimize their risk and resolve matters efficiently. Victims and families want to reduce uncertainty and access compensation more quickly.
Starting Personal Injury Settlement Negotiations in Texas (Demand Letter)
Settlement negotiations usually begin with a formal demand letter. The demand outlines liability, cites supporting evidence, and provides a clear calculation of damages. Texas insurers expect detailed records because they evaluate claims under strict internal guidelines. A well drafted demand letter can shape the entire negotiation. It shows that the claimant is prepared, organized, and willing to litigate if needed. A demand letter should always be drafted by an experienced Sugar Land, TX personal injury lawyer.
A Lawsuit May or May Not Be Filed in Your Personal Injury Case
You can pursue settlement before filing a lawsuit. Indeed, a lawsuit is not filed in every personal injury case in Texas. With that being said, litigation becomes necessary if the insurer refuses to negotiate in good faith. Filing a lawsuit in Texas triggers strict procedural rules. Discovery opens. Both sides exchange documents, take depositions, and challenge evidence. Many cases still settle during discovery because the strengths and weaknesses of each position become clear
Note: You have a limited amount of time to file a personal injury lawsuit in Texas. Under Texas Civil Practice & Remedies Code § 16.003, most cases are subject to a two year statute of limitations.
Some Personal Injury Claims are Settled Even After a Trial Begins
A case can settle at any point, including after the first witness testifies. Texas courts allow parties to negotiate throughout trial because a settlement conserves judicial resources and avoids the unpredictability of a jury. Trials often create pressure. Witness testimony, cross examination, and evidentiary rulings can shift bargaining power.
Set Up a Free Case Review With Our Sugar Land Personal Injury Lawyer Today
At Henrietta Ezeoke Law Firm, our Sugar Land personal injury attorney is an aggressive, experienced advocate for justice. If you have any questions about your case, we are more than happy to help. Please call us now or contact us online for a free consultation. We represent injured victims in Sugar Land, Houston, and throughout the region in Southeast Texas.
