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Do You Have to Go to Court After a Personal Injury in Texas?

The answer to this question is, “no.” After you get hurt because of someone else’s negligence or carelessness, you don’t automatically have to file a lawsuit in order to get compensation. Despite what you may have seen on TV, dramatic court fights after some catastrophic personal injury is rarely how it plays out in real life. Typically, personal injury victims (or their families) only file a lawsuit if the insurance company is not cooperating.

After an Injury

If you suffer a serious injury because of someone else’s actions, you probably have expensive medical bills to pay. The situation is made worse because you can’t work for a few weeks while you recover. Medical bills and lost wages are damages. You might be able to receive compensation for these damages. If the person responsible for your injuries owed you a duty of care and breached that duty by acting negligently and causing your injuries, there’s a good chance that person carries insurance. To get compensation for your damages, you must first file a claim with either the at-fault person’s insurance company or your own provider.

Your Insurance Provider is Not on Your Side

Insurance providers are companies, and companies don’t survive if they don’t make a profit. As a result, insurance providers will often offer to pay personal injury victims less than the amount they are owed. Other times, insurance companies will either deny claims or delay them.

If you have a strong insurance claim (made possible by a quality personal injury attorney), the insurance company will probably make you a reasonable offer. If, for any reason, you aren’t satisfied with the amount you’re offered by the insurance provider, you have the option to file a lawsuit and go to trial.

Is Going to Court the Right Choice?

The only way to know the right path for you to take is for an experienced attorney to evaluate your situation and prescribe the best course of action. It’s worth knowing that the vast majority of personal injury lawsuits settle before the case goes in front of a jury—for every 20 lawsuits filed, 19 of them will settle.

There are a few reasons many personal injury victims settle before going to a civil trial. For one thing, you either win or lose in a trial. Plaintiffs will often take a sure thing (settlement offer by the insurance company) before risking it in court. Another reason is that civil trials can take months—or years—to finish. If you are racking up medical bills due to a severe injury, you need compensation sooner rather than later.

The Choice is Up to You, But Having An Attorney is Vital

Ultimately, the choice to either take a settlement offer from the insurance company or file a lawsuit and go to trial is up to the victim. An accomplished Texas personal injury lawyer can let you know the route most likely to get you what you deserve. Our legal team cuts right to the chase with our clients and gives them the knowledge they need to make a decision. No matter what they decide, we represent them and their interests aggressively. If you’re hurt, we strongly believe that we can help. Call us at (210) 686-HURT to set up a time to talk.

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Law Offices of S. Dylan Pearcy, PLLC

The Law Offices of S. Dylan Pearcy, PLLC is focused solely on the needs of our clients. We provide professional and effective representation in the areas of personal injury and family law, in addition to our work with Wills and estates.

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