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Should Texas Accident Victims Settle Their Case or Take It To Trial?

A serious accident takes a serious toll on its victim and on the victim’s family. Most accident victims must spend months recovering from their injuries.

The accident victim may miss work, time with family and other activities that they would typically enjoy. In addition, most accidents result in extensive medical bills that can be difficult to pay, especially for those who have not been able to work for months.

Under Texas law, accident victims may pursue claims against negligent parties responsible for their injuries in order to obtain compensation for their losses. A lot of misinformation is out there about the Texas personal injury process. Part of this is due to the complexities of the system. However, there is also some misinformation that is intentionally spread by those with an interest in limiting the number of personal injury cases and limiting the size of personal injury verdicts.

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According to a recent study, 70 percent of personal injury plaintiffs received some form of compensation, through settlement negotiations or at trial, and 96 percent of these cases were resolved through settlement.

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Accident victims who accept the first settlement offer obtain significantly less compensation for their injuries.

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Those represented by attorneys fare better than unrepresented accident victims.

A full 91 percent of those represented by an attorney received compensation while only 51 percent of non-represented individuals received compensation. For those accident victims who obtained compensation for their injuries, the average amount was higher for those represented by an attorney. People represented by an attorney received an average of 340% more compensation than those who were not. And accident victims who accepted the first settlement offer obtained significantly less compensation for their injuries, by approximately 250 percent.

At The de la Garza Law Group, every case is personal. We recognize that every client and every case are different and require personalized attention in order to properly seek just compensation. While we have over 20 years of experience handling Texas personal injury cases, we cannot know what is important to our client until we take the time to get to know them and how the accident has impacted their life. Our team of dedicated Houston catastrophic injury lawyers are dedicated to assisting clients overcome the hurdles along the recovery process and helping them get their lives back on track.

The number of Houston personal injury cases that result in a settlement is high. To understand the reasons, consider the interests of all the parties involved in a case.

Why Are Settlements So Common in the Houston Personal Injury Process?

It is difficult to have a conversation about personal injury law without someone mentioning the statistic that over 95 percent of all cases do not make it to trial. This is not to say that 95 percent of cases do not result in the accident victim receiving compensation for their injuries. Instead, this statistic refers to the high rate of settlements in injury cases. This figure is an average of all types of civil cases, and certain types of cases are more or less likely to settle.

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Interests in any personal injury case involve the plaintiff, the defendant, the attorneys, and the judge.

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Plaintiffs

Why a Plaintiff May Want to Settle Their Case

Being involved in a serious accident is a traumatic experience for accident victims. Not only that, but for most accident victims, a personal injury case is their first experience with the civil justice system. Thus, in general, accident victims lack knowledge of the system, its players, and how cases progress through the system. This only adds to the post-accident stress that accident victims must deal with. Add to this the fact that an accident victim has likely missed weeks or months of work and may be falling behind in rent and bills. Overall, the situation an accident victim finds themselves in, even after they have physically recovered from their injuries, is a challenging one.

It may be tempting for an accident victim to accept the first offer of compensation that comes across the table. Initially, this may not be a bad idea because by accepting an offer early on in the process a significant amount of stress and uncertainty may be avoided. However, studies have shown that by accepting the first offer, plaintiffs recover only about 25 percent of what they would if they rejected that offer and engaged in further negotiations or took the case to trial. The reason for this is primarily due to the way insurance companies view personal injury lawsuits.

Insurance Companies

Why an Insurance Company Wants to Settle a Case

When discussing Houston personal injury cases, one of the most important things to understand is that the vast majority of these cases are defended not by the at-fault party, but by their insurance company. Individuals and businesses purchase liability insurance policies. Under the terms of the policy, the insurance company will cover the costs of the insured and retain teams of skilled lawyers to defend the victim’s claims. The insurance business, by its very nature, is a business of risk management. Insurance companies determine how much they need to charge a person or business to accept the risk that defending that party will result in the company taking on.

For insurance companies, defending against a personal injury lawsuit is just a part of doing business. Insurance companies will assess any claim made against the company and try to get the case to settle for as little as possible. Generally, insurance companies prefer to avoid the uncertainty of taking a case to trial. They know that injury victims are often quite desperate for any compensation, so they frequently make low-ball offers, especially before an accident victim retains a dedicated personal injury lawyer.

From the insurance company’s perspective, when an accident victim retains an attorney, the case gets a lot more expensive because, at that point, they know that they can no longer take advantage of the accident victim. In fact, a recent study indicated that, not only re accident victims who work with an attorney more likely to obtain compensation for their injuries, on average, they also obtain more than four times the amount of money than unrepresented plaintiffs.

Attorneys & Judge

What About the Attorneys and the Judge?

Insurance defense attorneys typically handle a massive caseload. These lawyers are paid a salary and may receive bonuses depending on the number of cases they settle. Thus, for a defense attorney, settling a case means they will spare the time needed to prepare for trial and they will have more time to devote to their other cases.

Similarly, many plaintiff’s attorneys are looking to make a quick dollar and may not necessarily have the same personal interests as their client. The additional time spent preparing for trial may not be worth the additional work and risk of taking the case to trial. When a client accepts a settlement offer, it is a guaranteed payday for a plaintiff’s attorney. Of course, plaintiffs’ attorneys are duty-bound to act in their client’s best interest, and most follow that obligation. However, the attorney’s own interests can subconsciously slip into their assessment of the case and how they advise their client.

Finally, many judges have extremely large caseloads, or dockets. A judge’s performance is based on the number of cases they are able to resolve. Thus, judges may pressure attorneys and, in turn, the parties, to settle a case to make room for other cases on the judge’s docket. Of course, a judge cannot force a party to offer a reasonable settlement offer or require a party accept an offer, however, judges can encourage the parties to come to an agreement.

One of the most common questions accident victims ask early on is whether they should settle their case or take the case to trial.

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SHOULD HOUSTON PERSONAL INJURY PLAINTIFFS SETTLE?

The answer depends on the facts and circumstances of the case. But one thing is certain: preparing the case for trial makes it likelier to settle favorably, whereas preparing the case to settle will often result in trial. If the plaintiff’s attorney develops the case aggressively as if it were going to trial, they will discover critical information that will become powerful evidence at trial. With this evidence in hand, the plaintiff can pressure the defense to offer more money to avoid a large verdict.

When a defendant makes a settlement offer, they will typically consider several factors.

  • The likelihood and extent to which the insured will be found at fault for the accident;
  • The nature and extent of the plaintiff’s injuries and their impact;
  • The perceived willingness of the plaintiff and their attorney to take the case to trial.

When it comes to settlement offers, there is a major difference between an initial settlement offer and those that may come later in the process.

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Natasha and Mario de la Garza, Houston Injury Lawyers

Insurance Companies Are For-Profit Businesses

Insurance companies are businesses and must take in more money in monthly premiums than they pay out in claims. As a result, an insurance company’s approach to a personal injury case will be to make it go away for as little money as possible. Thus, insurance companies frequently approach accident victims shortly after an accident and offer to settle the case for less than the plaintiff deserves. Unfortunately, given the pressures facing accident victims, many accept these initial offers which may be just a small fraction of what the case would be worth if the victim had hired a good attorney.

Once an accident victim retains an attorney, insurance company lawyers can no longer reach out directly to the accident victim and must go through their attorney.

Damages in a Texas Personal Injury Lawsuit

Economic Damages

Economic Damages

Texas personal injury damages are divided into two general types: economic and non-economic. Economic damages refer to those damages that are relatively easy to quantify. For example, the following are typical examples of economic damages:

  • Medical expenses
  • Loss of earning capacity

Non-Economic Damages

Non-Economic Damages

Non-economic damages, which are those that are harder to quantify but equally as important, include:

  • Physical pain
  • Mental anguish
  • Physical impairment
  • Disfigurement

For each element of damages, the jury can award money for past and future damages.

Wrongful Death

Wrongful Death

In wrongful death claims, there are other elements of damages that the deceased’s family members may pursue. These include:

  • Loss of advice and counsel, which means the monetary value of the professional recommendations and personal guidance the decedent might have rendered to the plaintiff if the decedent had survived.
  • Loss of services, which means the loss of the performance of domestic and household duties that the decedent used to perform
  • Expenses for psychological treatment
  • Loss of companionship and society
  • Loss of inheritance, which means the present value that the decedent would probably have added to the estate and left at natural death but for the wrongful act causing the premature death

Punitive Damages

Punitive Damages

The final type of damages are punitive damages. Punitive damages are not intended to compensate the plaintiff for their injuries but are instead designed to punish a defendant for their willful act or omission or gross negligence that resulted in the injuries and/or death.

Generally, damages in Texas personal injury cases are not capped. In certain scenarios, damages caps will apply. If a damages cap applies, this will impact settlement offers as well as the total amount of compensation that an accident victim can obtain at trial. In Texas, the following damages are capped:

  • Non-economic damages in medical malpractice cases;
  • Punitive damages; and
  • Damages assessed against a public entity.

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Consult With an Aggressive Houston Personal Injury Lawyer for Immediate Assistance

At The de la Garza Law Group, we pride ourselves in providing accident victims representation that is tailored to the needs of their case. To us, every case is personal; no two clients and no two cases are the same. And while we have over 20 years of experience handling Texas personal injury cases, we understand that we cannot know what is important to you and your family until we take the time to get to know you and how the accident has impacted your life.

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Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. I also want to say his team is the best! Lidia thank you so much for always replying to all my emails, calls and messages. All though I know I was a pain at times, she was always so responsive, patient and would always return my calls when she said she would. – Christina L.

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I was fortunate to have him on my team and recommend him highly.

Mario de la Garza is a good lawyer. He secured insurance reimbursement for a personal injury that has taken 2.5 years settle. He was compassionate and patient and provided good counsel when solutions appeared non- existent. He was tenacious with medical providers, coordinated payments on a timely basis and worked well with insurance companies. I was fortunate to have him on my team and recommend him highly. - HP

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My experience with The de la Garza Law Group was phenomenal.

Me being a 21 year old juggling my time as a full time employee and a full time college student dealing with a car accident sounded terrifying, but with the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. I would highly recommend The de la Garza Law group to anybody especially young adults who are terrified of having to deal with a car accident for the first time. Trust and believe The de la Garza Law Group will not disappoint. - Stefanie G.

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Mario fought for every single penny in my case.

I was in a 18 wheeler car accident late August 2019. And as soon I got out the hospital, I looked up a good Injury attorney law firm to help me with this case. And the De la Garza law firm was the first one to pop up. They took care of me throughout the nine months. They have a great staff. With great people. I give them 5/5 stars. Mario fought for every single penny in my case. You got to respect a lawyer that’s willing to go beyond for you. I highly recommend De la Garza’s law firm. Thank you guys. - JW

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I would definitely use Mario again.

The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. There was always an answer from him every time I had a question. He was always on time or a few minutes early when we had to meet up for things pertaining to my case. He would even work & reach out to me about my case on Saturdays & Sundays (7 days a week). I would definitely use Mario again if needed and would highly recommend him to someone else needing an attorney. - Robert C.

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We are extremely grateful to The de la Garza Law Group

Our case pertained to an auto-pedestrian collision involving a commercial vehicle that resulted in catastrophic injuries to my brother. Unfortunately, and ultimately these injuries resulted in his wrongful death due to this hit and run in the Houston area. On behalf of my family, we are extremely grateful to The de la Garza Law Group for all their legal assistance. Mario de la Garza personally assisted in all legal matters pertaining to/and getting settlements for all medical bills and restitution for the family until the matter was concluded. We highly recommend this firm.
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His team is very professional and I would highly recommend to anyone.

My experience with Mr. De la Garza was very pleasing during a difficult time. My case was a workplace injury causing serious injuries that unfortunately lead to a wrongful death. He was very patient with all of us due to several families being involved in this case and worked well with us all. I am glad he didn’t turn down our case (like others did). I was very pleased with how everything was handled in this case and the outcome as well. His team is very professional, and I would highly recommend to anyone. Thank you, Mr. de la Garza and team. – Lisa L.

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I fully recommend The de la Garza Law Group for any legal representation.

Attorney Mario de la Garza, who is fluent in English and Spanish, is very professional and passionate about his work. My daughter and I are very satisfied with the outcome. At The de la Garza Group you will find a friendly and communicative staff, which along with the attorney, will handle your legal case with a very positive and professional demeanor. - Desiree D.

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Thank you for your help.

My experience with De la Garza law group was a very long pleasant experience it was a little difficult to keep up with it since this was my 1st experience with an attorney, but he did really great to keep in touch even though I have a very busy schedule with work and hard to reach and was very informative before, and during the whole process. Thank you, Mr. de la Garza for your help. – Denise G.

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It’s like a breath of fresh air having someone like Mario fight for you.

I have been a client of Mr. De la Garza two times now where he shows professionalism and honesty and a definite care for the people he represents. I got in a car accident in February and it caused such a hardship coming close to an end. It’s like a breath of fresh air having someone like Mario not only represent you but fight for you. I hope not to have any more accidents but if I did I will look forward to working with him again! – Ashley V.

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Our team of Houston personal injury lawyers is dedicated to helping clients obtain compensation for their injuries.

At The de la Garza Law Group, our team of dedicated Houston personal injury lawyers is dedicated to helping clients obtain compensation for their injuries. We understand that your emotional and financial wellbeing are likely in jeopardy after a serious accident. We offer all clients a free, no-obligation consultation in which we will provide an honest evaluation of your case. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.

We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe, and Sugar Land.