Austin Personal Injury Blog

Does My Case Have to Go to Court?

Posted By The Stewart Law Firm, PLLC || 5-Jul-2019

If you’ve been injured in an accident caused by a negligent person, corporation, or government entity, you may have grounds to pursue damages by filing a personal injury claim. Depending on the circumstances of the accident (and the generosity of the defendant’s insurance company), you may find yourself having to weigh the pros and cons of going to trial. Of course, we all lead busy lives, and many plaintiffs balk at the thought of having to endure a stressful court case.

Fortunately, most cases tend to settle outside the courtroom. Like any business, an insurance company is motivated by money and therefore prioritizes their daily profitability. While your lawsuit will cost them a pretty penny, they’ve been in the business long enough to realize that paying court fees on top of your damages isn’t in their best interests. That said, it’s important to critically review any settlement offers with an experienced attorney before making any life-changing decisions. Your chosen legal representative can calculate your claim’s maximum value and determine if the settlement offer will cover the existing and projected cost associated with your injuries.

Why Is the Insurance Company Willing to Settle Out of Court?

As previously stated, the main reason most personal injury cases settle out of court is for purely monetary reasons. The defendant’s insurance provider knows they will have to pay out the claim as some point, and that going to trial will be vastly more expensive than simply renegotiating a settlement offer. Also, the insurance company has no control over the outcome of a case once it goes to trial, making it a potentially risky – and financially cataclysmic – endeavor.

That said, there are rare circumstances, such as catastrophic injury cases, where an insurance company may prefer to go to trial because a lot of money is at stake.

Which Parties Benefit From Settling?

Interestingly, settling a personal injury lawsuit and foregoing a trial can be beneficial to both the plaintiff and the defending parties. For example, it’s particularly helpful to the plaintiff because settling allows them to collect compensation sooner. The monetary damages can alleviate their financial concerns and safeguard their standard of living. The defendant also benefits because they don’t have to pay additional court fees and will retain control over the negotiation process.

It’s impossible to predict the outcome of a court case, which is why you need to retain the services of a skilled litigator who can secure maximum compensation on your behalf.

What Should I Do If Negotiations Fail?

Sometimes, an insurance company will refuse to negotiate a settlement that reflects the claimant’s legal objectives and financial needs. The purpose of a personal injury claim is to recover compensation that reimburses the victim’s medical bills, lost wages, property damages, and more. If a claimant accepts the insurance company’s low-ball settlement, they could face serious financial problems and even bankruptcy in the future. In this scenario, the claimant’s only option is to initiate court filings to get the insurance company’s attention. Oftentimes, this action can end the game of chicken and encourage the insurance company to deliver a fair settlement offer. However, if they still refuse to settle, it’s important to rely on your attorney to guide you through the litigation process.

Schedule a Free Consultation with Our Experienced Legal Team

At The Stewart Law Firm, PLLC, our personal injury lawyers are experienced negotiators and litigators who can help you pursue and obtain damages without going to trial. Of course, we also aren’t afraid to aggressively represent your interests in court if the insurance company refuses to provide a reasonable settlement.

Contact The Stewart Law Firm, PLLC at (512) 271-5112 to explore your legal options today.

Categories: Personal Injury
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