Settlements, trials, cases, claims, verdicts—all these terms can be confusing when you’re unfamiliar with legal jargon.
It’s easy to get tangled up in the complexities of the justice system, especially when you’re trying to go through your case with a legal attorney.
Settlements and trials are two common paths to resolving personal injury cases, each with its own impact on time, costs, and potential outcomes. We will help determine the best course of action based on your case’s unique details, but understanding the basics is also important.
In this article, we’ll break down the key differences between settlements and trials in Texas, so you’ll have a clearer idea of what to expect as your case moves forward.
A settlement is basically an agreement between both sides of a dispute that doesn’t call for the need to go to a trial.
In personal injury cases, this means that the at-fault party or their insurance company agrees to pay you a certain amount to compensate for your loss or injuries. Negotiations are made between your attorney and the other side, aiming to resolve the dispute without being inside a courtroom.
If an agreement is reached, you’ll receive compensation, which can be paid all at once or through a structured settlement plan, depending on what works best for you.
Settlements are common in personal injury cases for several reasons. They save time and money by avoiding lengthy trials, and they give both sides more control over the outcome. Plaintiffs, or injury victims, can get their compensation faster, while defendants avoid the uncertainty and potential costs of a trial.
When a personal injury case goes to trial in Texas, the process involves several important steps. Here’s what to expect:
The trial begins with selecting a jury through a process called voir dire, where both sides question potential jurors to ensure a fair and impartial group is chosen.
Both sides present their opening statements, explaining their version of events and outlining what they intend to prove.
Your attorney will present evidence, including medical records, witness testimony, and expert opinions. The defendant’s side will then have the opportunity to present their evidence and cross-examine witnesses.
Once all evidence has been presented, both sides give their closing arguments, summarizing their case and why the jury should decide in their favor.
The jury deliberates in private and reaches a decision on whether the defendant is liable and, if so, how much compensation you should receive.
The amount you get in a personal injury case in Texas depends on several factors, including the severity of your injuries and the legal strategy of your attorney.
However, typical costs for settlement range from $10,000 to over $1 million, and this is for faster compensation. Trials, while more time-consuming, can result in larger amounts, especially for cases that involve long-term injuries.
For car accidents, settlements often range from $10,000 to $500,000 or more, also depending on the severity of injuries and liability. Slip and fall cases generally lead to payouts between $10,000 and $250,000 for moderate injuries, with higher awards possible for more severe cases.
Medical malpractice cases tend to result in larger payouts, with awards ranging from $50,000 to several million dollars, depending on the extent of harm caused.
Several key factors play a role in determining your compensation, including:
Deciding whether to settle or take a case to trial in Texas depends on the specifics of the case and what’s in the best interest of the injured party.
Your attorney will assess the strength of your evidence, the defendant’s willingness to negotiate, and the potential compensation from both options before recommending a path forward.
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Here at Thompson Law, we work on a contingency fee basis, so we only get paid if we win your case.
The typical fee ranges from 33% to 40% of the settlement, depending on how complex the case is and how far it progresses.
This fee structure benefits plaintiffs by eliminating upfront costs and allowing them to pursue legal action without financial risk. It also incentivizes attorneys to maximize compensation, as their payment is directly tied to the outcome.
Many personal injury cases in Texas settle shortly before trial begins.
It’s common for both sides to negotiate more seriously as the trial date approaches because neither wants the added time, cost, and risk of court. Settlements often occur within weeks or even days before trial, with some cases resolving mid-trial if new evidence or offers arise.
Simpler cases involving minor injuries may settle within a few months, while more complex cases requiring extensive medical treatment or investigations can take a year or longer.
For example:
Delays can occur if you are still receiving medical treatment, as settling too early could result in insufficient compensation.
The length of a personal injury case varies depending on whether it is resolved through settlement or trial. While settlements are typically quicker, trials add months or even years to the process. Here’s a general timeline to expect:
Cases that settle early can take as little as a few months, while trials may extend the process to 2 years or longer. You can work closely with your attorney to navigate these stages and minimize delays.
Going to trial may seem like the path to a larger payout, but it comes with risks that shouldn’t be overlooked. Trials take time, with some cases dragging on for years. This means more court dates, legal fees, and added emotional stress. Legal costs are higher compared to settlements, as trials involve attorney fees, expert witnesses, and court expenses. There’s also the risk of losing the case or receiving less compensation than you would through a settlement, especially if the jury isn’t fully convinced of your argument.
For example, in cases with unclear evidence or disputed liability, you may leave the courtroom with less than expected—or nothing at all. Your lawyer will carefully assess these risks and help you decide if the potential reward outweighs them.
Most of the compensation you receive in a personal injury settlement in Texas is not taxable, but some portions may be. Compensation for medical expenses and pain and suffering related to physical injuries is generally non-taxable. Lost wages tied directly to your injury are typically exempt as well.
However, punitive damages and any interest earned on the settlement amount are taxable. For example, if your settlement includes $50,000 in punitive damages, you will likely need to report and pay taxes on that portion.
You may work with a tax professional to ensure that you understand your obligations and keep as much of your compensation as possible.
At Thompson Law, we understand the challenges you face, and our team is here to help. Our experience, commitment, and contingency fee model ensure you won’t pay any upfront costs, whether you settle your case or take it to trial. We only get paid when you win.
Schedule a free consultation today to discuss your case. With over $1.9 billion recovered for our clients, we’re ready to fight for the compensation you deserve. Don’t delay, contact Thompson Law now and let us guide you toward justice.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.