Your Settlement Options In Personal Injury Claims & Other Civil Cases
The two options for settling your case are: 1.) Accepting a lowball offer without bothering with a professional settlement package. Or, 2.) Working up a case and presenting a professional settlement package detailing defendant’s exposure to liability and the true extend of your damages. We advise against option number 1, as you will likely end up with less than you deserve. Option 2 may take more time, but it will be worth it in the end.
We always advise our clients to take a settlement offer if it falls between 80 and 95% of the damage model. Waiting for the case to come to trial can be a long and tedious process, so settling out of court is often the best option. Through settlement, you don’t have to go through the trial process and you can get most of your damages upfront.
The Effects Of COVID On Civil Claims Court
The COVID-19 pandemic has caused a significant backlog in the civil court system, especially in large cities like Houston, Dallas, San Antonio, and Austin. This has resulted in lengthy delays in bringing cases to trial. Thankfully, in most cases, both sides agree to settle at mediation which saves time and resources. It’s only when one side or the other does not evaluate the case objectively that trials occur.
As a plaintiff, you always want to pursue your case with the intention of going to trial and recovering maximum damages. You want to be made whole and not have your damages minimized in any way. By fighting for maximum recovery, you can get the compensation you deserve.
As a defendant, I recommend either early low-ball settlement or develop information into the mediation deadline and negotiate resolution from a stronger position. However, surprises can occur prior to trial that can be very surprising. An admission of a background fact can effect exposure or jury perception of a defendant. Similarly, you never know what a plaintiff will say that could hurt their case before trial.
As with any circumstance, there are many moving parts and variables affecting a case before it goes to trial. Working with an attorney can help you identify any opportunity to take advantage of the unique circumstances that you have at hand.
If you’ve been injured in an accident, it’s important to speak with an experienced personal injury attorney to evaluate your legal options. The type and severity of your injuries, as well as who was at fault for the accident, will determine what kind of compensation you may be entitled to. Don’t try to navigate the complicated legal system on your own – let an experienced professional help you get the justice and compensation you deserve.