After a serious accident, many people worry that filing a personal injury claim means they will have to deal with the stress of a trial. The reality is, however, that most personal injury cases settle outside of court, saving time and reducing stress for injured victims.
Table of Contents
- When Do Personal Injury Cases Go to Court in Texas?
- Understanding the Personal Injury Settlement Process
- Factors That Influence Whether Your Case Will Go to Trial
- Benefits of Settling Your Personal Injury Case Out of Court
- What to Expect if Your Personal Injury Case Does Go to Court
- Need Legal Help? Call Our Fort Worth Law Firm Today
At Anderson Cummings & Drawhorn, our experienced Fort Worth personal injury attorneys handle all aspects of your case, from insurance negotiations to courtroom litigation if necessary. Our proven track record of successful settlements and trial verdicts ensures you have a powerful advocate fighting for the compensation you deserve.
Call (817) 920-9000 for a free initial consultation
When Do Personal Injury Cases Go to Court in Texas?
Most personal injury cases in Texas proceed to court when insurance companies refuse to offer fair compensation or dispute liability for the accident. Reaching a settlement is especially challenging in cases involving severe injuries, substantial medical expenses or complex liability issues where multiple parties share responsibility.
The decision to move forward with a trial often stems from insurance companies acting in bad faith or making unreasonably low settlement offers that fail to cover the victim’s medical bills, lost wages and other damages. Our attorneys thoroughly evaluate each case to determine whether settlement negotiations or trial proceedings will achieve the best possible outcome for our clients.
Understanding the Personal Injury Settlement Process
When working with a lawyer, the personal injury settlement process follows specific legal procedures designed to protect your rights and maximize your compensation. Understanding each phase helps you make informed decisions about your case while setting realistic expectations for the outcome.
Investigating and Building Your Case
Both legal teams thoroughly review your accident, examining police reports, witness statements and initial medical assessments. Your lawyer will use this evidence to help build a solid foundation for your claim, ensuring critical details do not get overlooked.
Insurance Claims Process
At Anderson Cummings & Drawhorn your lawyer will file comprehensive claims with all relevant insurance companies, meeting strict Texas deadlines and requirements. During the claims process all communication with insurance adjusters is taken over to protect you from insurance tactics that aim to decrease your case value.
Gathering Evidence
Our attorneys work with medical providers, accident reconstruction experts and investigators to gather compelling evidence. This includes securing surveillance footage, expert testimony and additional documentation that strengthens your position during negotiations.
Assessing Damages
An Anderson Cummings & Drawhorn lawyer will calculate all compensable damages including:
- Current and future medical expenses
- Lost wages
- Property damage
- Non-economic damages, like pain and suffering
- And more
Insurance Negotiations
Experienced negotiators will present your case with strong supporting evidence to insurance companies. Countering lowball offers utilizing facts, medical documentation and precedent cases to justify your compensation demands.
Settlement Review
Our legal team examines every detail of proposed settlements to protect your interests. Before accepting any offer, we ensure all future medical needs and ongoing expenses are properly addressed.
Fund Distribution
After reaching a settlement, your lawyer will manage the disbursement process, including resolving medical liens and ensuring prompt payment. We provide a detailed breakdown of your settlement distribution, maintaining full transparency throughout the process.
Factors That Influence Whether Your Case Will Go to Trial
Several key factors determine whether your personal injury case requires a trial for resolution. Your attorney evaluates these elements to determine the most effective path toward maximum compensation.
- The severity and long-term impact of your injuries, including permanent disability or disfigurement
- The insurance company’s willingness to negotiate in good faith and offer a settlement that matches your documented damages
- The clarity of liability in your case, including whether multiple parties share responsibility for your injuries
- The strength and availability of evidence supporting your claim, such as credible witness statements, video footage or expert testimony
- The total value of your claim, as cases with higher damages often face more resistance from insurance companies
- Time limitations under Texas law, particularly if settlement negotiations approach the two-year statute of limitations
- The opposing party’s litigation history and known tendency to settle or fight claims in court
Benefits of Settling Your Personal Injury Case Out of Court
Settling your personal injury case outside of court offers several significant advantages for accident victims. Understanding these benefits helps you make an informed decision about whether to accept a settlement offer or proceed to trial.
- Faster resolution of your claim, often receiving compensation within months rather than the years a trial might require
- Lower legal costs since you avoid expensive court fees, expert witness expenses and additional attorney hours
- Guaranteed compensation, eliminating the uncertainty and risk associated with a jury verdict
- Greater privacy and control over the outcome, as settlement terms remain confidential, unlike public court proceedings
- Less emotional stress and strain on you and your family, avoiding lengthy court appearances and testimony
- Immediate access to funds for medical bills and lost wages, rather than waiting through lengthy appeals processes
- Flexibility in settlement terms, allowing for structured payments or specific arrangements that meet your needs
Most personal injury cases are resolved through skilled negotiation without the need for a trial. At Anderson Cummmings & Drawhorn we focus on securing maximum compensation through strategic settlements while maintaining the expertise and readiness to take your case to trial if necessary.
What to Expect if Your Personal Injury Case Goes to Court
If your personal injury case proceeds to court, you will participate in a structured legal process that begins with filing a formal lawsuit and continues through discovery, where both sides exchange evidence and take depositions. Our attorneys guide you through each step, ensuring you understand the proceedings and feel confident in your court appearances.
During the trial, your case will be presented with compelling evidence, expert testimony and a clear narrative of your accident to demonstrate why you deserve full compensation for your injuries. Receiving legal representation ensures that all complex legal aspects are handled, allowing you to focus on providing honest testimony about how your injuries have impacted your life.
Need Legal Help? Call Our Fort Worth Law Firm Today
At Anderson Cummings & Drawhorn, we have secured millions in compensation for car accident victims throughout Fort Worth. While no one can guarantee a specific outcome, our trial-ready approach often motivates insurance companies to offer fair compensation without court intervention. If a settlement cannot be reached and a trial becomes necessary, our experienced attorneys are prepared to protect your rights to compensation in the courtroom.
Take the first step towards your recovery and contact our office for a free consultation, or complete our online form for a prompt response. Our team is available 24/7 to evaluate your case and explain how we can help secure the compensation you deserve.
Experienced Lawyers. Proven Results. (817) 920-9000