Do I Have to Go to Court for a Personal Injury Settlement?

 Posted on December 13, 2024 in Personal Injury

If you are injured by someone else’s negligence or intentional actions, you may qualify for compensation by filing a personal injury claim. Many injured victims do not know how such a case is handled or if they will need to go to court before they can get a settlement.

Not every case ends up in court, but some do. Choosing a board-certified El Paso, TX personal injury trial lawyer to handle your claim can ensure the best possible resolution for your case.

How Do Personal Injury Cases Work?

Many kinds of incidents and accidents can lead to personal injury claims, including:

• Car wrecks

• Tractor-trailer accidents

• Slip-and-fall accidents

• Assaults due to negligent security

• Defective products

• Public transportation accidents

The majority of personal injury cases require you to prove that another party’s negligence was the direct cause of your incident, associated injuries, and qualifying losses. Your situation may vary, but common steps your lawyer will take are:

• Investigating your incident

• Ensuring that you qualify for compensation

• Gathering and preserving evidence

• Determining fault

• Establishing liability

• Evaluating your damages

• Filing an insurance claim on your behalf against the at-fault party or parties

• Negotiating for a favorable settlement amount

Sometimes, insurers refuse to negotiate. Others may stubbornly insist on paying you far less than you deserve. An attorney with hands-on experience knows how these companies operate and how likely it is for them to pay victims a fair amount. Depending on the circumstances, we may recommend filing a civil lawsuit and litigating your case in court.

When Should I Call a Board-Certified Personal Injury Trial Lawyer?

Some injured victims try unsuccessfully to handle their own claims, only consulting an attorney as a last resort. However, there are several good reasons to call us as soon as possible after your injury:

• Evidence is easier to uncover and preserve when little time has passed.

• Identifying and locating eyewitnesses becomes more difficult over time, and their memories of your incident may fade.

• If you speak to insurance companies personally, you could unintentionally damage your claim.

• Insurers often try to force you to accept a fast, low settlement offer that does not come close to the full amount you are eligible to receive. After acceptance, you cannot change your mind.

• Some physicians do not accept patients who cannot pay immediately, which is often the case if you are depending on funds recovered from your personal injury claim to cover your medical expenses. We can help you get the medical care you need.

There is always a chance your case will end up in court, and preparing for a trial takes a lot of time. Texas laws place deadlines on the time you have to file a lawsuit after an injury accident. Many personal injury lawsuits have a two-year statute of limitations, but there are exceptions. If you wait to contact a lawyer, you could miss the filing deadline and lose the chance to collect payment. If you do not allow your attorney enough time to prepare your case, the results may be far from what you hope for.

Arrange Your Free Case Review With One of Our Experienced El Paso County, TX Personal Injury Attorneys

You need to select the right attorney if you want the best possible outcome for your case, and there is no time to lose. Call James Kennedy, P.L.L.C. at 915-544-5200 or contact us online to discuss your case with one of our exceptional Sierra Blanca, TX personal injury lawyers. Se Habla Español.