After an accident, you may have the choice between accepting a settlement and pursuing a lawsuit. You should never accept a settlement before speaking to a skilled personal injury attorney. The goal should always be to pursue the path that gives you the best opportunity to recover the maximum compensation possible for your injuries and losses.
Only the most experienced law firms, with a track record of substantial verdicts and settlements, have what it takes to hold the largest corporations and insurers in the world fully accountable and pursue the full compensation you deserve. Every case is unique, but an experienced trial attorney can protect your rights, counter tactics meant to minimize or discredit your injuries, prepare your case for trial, and refuse to accept a settlement that does not fully compensate you for your losses.
At Zehl & Associates, we have the record-breaking results to prove it. We’ve won Billions for clients in Texas and across the U.S. And we never back down until we’ve fought to secure the full financial resources our clients need to move forward.
What Does It Mean To Settle a Personal Injury Claim?
A settlement is an agreement to resolve a personal injury claim for an agreed amount of compensation. In exchange, the injured person typically signs a release that ends the claim against the settling party.
Settlement negotiations can take place before or after a lawsuit is filed. Attorneys for both sides may negotiate directly or use mediation to try to reach an agreement.
Once a settlement is finalized, it is usually binding. This makes it important to account for medical expenses, lost earnings, future treatment, and other losses before accepting an offer.
What Does It Mean To Sue After an Accident?
Filing a lawsuit begins the formal litigation process against the party or parties believed to be legally responsible for your injuries. It does not mean the case will automatically go to trial.
A lawsuit allows both sides to gather evidence through discovery. This process can include exchanging documents, taking depositions, obtaining records, and questioning witnesses.
If the parties cannot reach a settlement, the case may proceed to trial. A judge or jury can then decide liability and the amount of compensation to award.
What Are the Advantages of Settling a Personal Injury Case?
Settling gives the parties control over the resolution rather than leaving the final decision to a judge or jury. It can also bring a claim to an end sooner.
Other advantages of settlement may include:
- Avoiding the uncertainty of a trial
- Reducing litigation expenses
- Spending less time in court proceedings
- Knowing the amount of compensation before resolving the claim
- Receiving compensation sooner than if the case proceeds through trial
However, accepting a settlement usually ends the right to seek additional compensation from the settling party for the same claim. An offer should account for both current losses and those that may continue into the future.
When Might Filing a Lawsuit Be the Better Option?
Filing a lawsuit may give you more leverage when the other side refuses to offer fair compensation. It also allows your attorney to use the court process to pursue evidence and move the case toward trial.
Advantages of filing a lawsuit may include:
- Obtaining evidence through formal discovery
- Requiring witnesses to testify under oath
- Challenging disputed claims about fault or damages
- Increasing pressure on the defendant to negotiate
- Presenting your case to a judge or jury if settlement efforts fail
A lawsuit can take longer and cost more to pursue than an early settlement, and the result at trial is never guaranteed.
Can You Still Settle After Filing a Lawsuit?
Filing a lawsuit does not eliminate the possibility of settlement. Negotiations can continue while the case moves through litigation, and many lawsuits are resolved before a trial takes place.
The parties may reach an agreement through direct negotiations or mediation. Evidence uncovered during discovery may also change how either side views the case and create new opportunities for settlement.
If no acceptable agreement is reached, the case can continue toward trial.
How Do I Decide Whether To Settle or Sue?
The decision involves comparing what is being offered with the potential benefits and risks of continuing the case. Relevant considerations can include:
- The amount of the settlement offer
- The severity and permanence of the injuries
- Current and future medical expenses
- Lost wages and reduced earning capacity
- The strength of the available evidence
- Available insurance coverage
- The risks and costs of trial
Going to trial creates the possibility of receiving more than the settlement offer, but there is no guaranteed result. A jury could award less than expected or find for the defendant.
Contact Zehl & Associates To Schedule a Free Consultation With an Undefeated Houston Personal Injury Attorney
Deciding whether to accept a settlement or continue with a lawsuit can have significant financial consequences. Before accepting an offer, it is important to account for the full extent of your injuries, financial losses, and any expenses you may face in the future.
If you were injured in Houston, Texas, contact Zehl & Associates today to schedule a free consultation with an Undefeated Houston personal injury attorney. Our firm has recovered billions of dollars for injured clients, and you pay no attorney’s fees unless we win your case.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours