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Yes. In fact, many personal injury claims in Texas are resolved without ever going to trial. Having an attorney who is well versed in how the claims process works, and knows how to get maximum value for your claims often results in you not having to go through a trial. After an accident, your attorney files an insurance claim, builds the evidence, and negotiates a settlement on your behalf, often without you having to go to trial. A trial is sometimes necessary, and that’s why you need a Board Certified personal injury attorney on your side. Although you can file a claim on your own, having an attorney that is willing to go to trial helps to ensure that you get maximum value for your claim. Scott Scherr at The Payne Law Group, a Bryan personal injury attorney, can manage the entire process and fight for the compensation you deserve, in or out of court.
Do Most Personal Injury Claims Go to Trial?
No. Many personal injury claims settle out of court–especially when you have a Board Certified attorney that prepares your case for trial so the insurance company knows you are serious–and that you are prepared to go to court if necessary. After an injury caused by someone else’s negligence, your claim usually begins as an insurance matter, not a lawsuit. Your attorney notifies the at-fault driver’s insurer, gathers evidence, and negotiates a settlement for your losses.
A trial becomes necessary only when the two sides cannot agree on who was at fault or how much the claim is worth. For most injured people in Bryan and College Station, that means the process plays out through the collection of evidence, preparation of the claim to maximize value, and through negotiation.
What Are the Benefits of Settling Out of Court?
Settling out of court has real advantages. It is usually faster than a trial, the terms stay private instead of becoming part of a public record, and the outcome is predictable because you and the insurer agree on it rather than leaving the result to a jury.
How Does an Out-of-Court Personal Injury Settlement Work?
An out-of-court settlement follows a fairly predictable path. Every case is different, but most claims move through these stages:
- Medical treatment, where you get care and your providers document your injuries.
- Investigation, where your attorney collects the crash report, medical records, bills, and witness statements.
- Demand, where your attorney sends the insurer a letter explaining your injuries and the compensation you are seeking.
- Negotiation, where both sides exchange offers to see if they can reach an agreement.
- Settlement and release, where you accept a final amount and sign paperwork that closes the claim.
Once you sign a release, the claim is over, so understand the full value of your injuries before you agree. Whether your case involves a car accident, a slip and fall accident, or other personal injury, Scott Scherr at The Payne Law Group can handle each of these steps for you.
Is Filing a Lawsuit the Same as Going to Court?
No. Filing a lawsuit and going to trial are two different things. A lawsuit simply begins the formal litigation process. From there, the case moves through stages of litigation, such as discovery and pretrial negotiation. Many lawsuits still settle before they ever reach a courtroom.
Filing a suit can even work in your favor. It shows the insurance company that you are serious and prepared to put your case in front of a jury, which often leads to a stronger settlement offer than negotiation alone would produce.
What Gives You Leverage in a Settlement?
The strongest settlements come from cases built as if they will go to trial. Insurance companies track which attorneys are ready to litigate and which are not. When your lawyer has documented your injuries and is prepared to file suit, the insurer has a real incentive to offer fair value.
Scott Scherr at The Payne Law Group prepares every case for trial from the start, which gives clients leverage at the negotiating table. Lead attorney Scott Scherr is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a credential held by less than two percent of Texas attorneys. That trial credibility often translates into stronger results, even when a case never reaches a courtroom.
What If the Insurance Company Will Not Offer a Fair Amount?
If negotiations stall, you still have options. Your attorney can file a lawsuit to keep the claim alive and increase pressure, request mediation with a neutral third party, or prepare the case for trial. None of these steps forces you to give up on a settlement, and filing suit often restarts negotiations on better terms. The goal is always full and fair compensation, whether it comes from the insurer’s check or a jury’s verdict.
How Long Do You Have to File a Personal Injury Lawsuit in Texas?
In most cases, you have two years from the date of the injury to file a lawsuit in Texas. This deadline, called the statute of limitations, applies to filing a lawsuit. Even while you negotiate an out-of-court settlement, you must file suit within two years, or you can lose your right to compensation entirely.
This is one reason insurers sometimes drag their feet. The closer the deadline gets without a lawsuit on file, the more pressure you feel to accept a low offer. Acting early gives Scott Scherr at The Payne Law Group time to build your case and negotiate from a position of strength.
Talk to a Bryan Personal Injury Attorney About Your Options
You do not have to choose between fair compensation and staying out of the courtroom. Scott Scherr at The Payne Law Group has helped injured people across Bryan, College Station, Brazos County, and throughout Texas recover through both settlements and trials, with no fee unless we win. Contact Scott Scherr at The Payne Law Group today for a free consultation. Se habla español.