Do I Have To Go to Court for My Personal Injury Claim? | TX

 Posted on September 07, 2024 in Personal Injury

You have probably heard that you may be entitled to compensation if you are injured in an accident caused by someone else’s negligence, but you might not know how the process works. Whether you are involved in a car wreck, truck accident, or other type of personal injury claim, you do not necessarily have to go to court to get a payout.

When you work with the skilled lawyers from Alford Law PLLC, we will usually try to resolve your case through settlement negotiations before we recommend filing a civil lawsuit and taking your case to trial. Understanding the process may give you peace of mind.

Do You Have a Valid Personal Injury Claim?

Before you can think about a settlement, we must determine if you have a valid claim. After discussing your situation during your free consultation, your legal team will begin investigating your accident. We will look for evidence proving negligence to establish liability, or responsibility for causing your accident and resulting injury.

If you share part of the blame, Texas uses modified comparative negligence to determine whether you can seek compensation from other at-fault parties. If you are less than 50 percent at fault, you are eligible to pursue a claim, but the amount you might receive will be reduced accordingly. For instance, if you are 20 percent at fault, you could only receive 80 percent of your total damages. Insurance companies often try to manipulate fault assignments to reduce or eliminate how much they must pay, but your attorney from Alford Law PLLC will not let them get away with it.

How Do Settlement Negotiations Work?

Every case is different, with your damages being unique. You need to know the total of your damages, which is how much it will cost to reimburse or compensate you for accident-related losses, to have a good starting point for settlement negotiations. Eligible damages may include:

• Medical expenses

• Ongoing treatment 

• Lost wages

• Property damage

• Pain and suffering

• Other adverse impacts on your quality of life

Meanwhile, the liable insurance company’s adjusters will do the same thing. These insurers know how much your case is worth, but they hope you do not. The insurance company will likely offer a settlement amount that is far less than what you should receive. If you do not have effective legal representation from Alford Law PLLC, you will probably not account for all of your losses and may accept an offer that does not fully cover them. Once you accept a settlement offer, you cannot go back later to ask for more.

Your legal team will ask for a specific sum, with the insurer likely making a low counteroffer. Many times, we can settle your case for a reasonable amount through continued negotiations. We will present evidence that supports your claim and the amount we are asking for. If the company refuses to make a satisfactory offer, we may suggest going to court.

When you file a civil lawsuit, the decision will be left up to a judge or jury. While the verdict may favor you, there is no guarantee. Your lawyer will explain the potential risks and rewards and help you decide on the best course of action. We want you to get the highest possible amount of compensation, and we will work diligently to achieve that result.

Schedule a Call With Our Knowledgeable San Antonio, TX Personal Injury Lawyers

Although you may need to take your case to court, the dedicated lawyers from Alford Law PLLC will fight for a favorable settlement amount through negotiations. We know how insurance companies operate, and we will always advocate for your best interests. Call us at 210-951-9467 today for your free consultation with our competent Austin, TX motor vehicle accident attorneys. We only get paid if we win your case.