Do Most Car Accident Cases Settle Before Trial?
If you or somebody you care about gets injured or sustains property damage in a car accident, there is a chance you may incur significant expenses. This can include costly medical bills, lost income, property damage expenses, and other related expenses. Injury victims must be able to secure compensation if someone else causes their accident, but ensuring this compensation is not always easy. Here, we will discuss whether most car accident cases are resolved between insurance carriers or if they ultimately go to trial.
Most Cases Are Resolved With Insurance
Despite what TV shows and movies may show you, the vast majority of personal injury cases are resolved before they go to trial. This includes car accident cases in the state of Texas. In general, car accident claims are resolved through insurance carrier settlements before a personal injury lawsuit is even filed. Yes, there may be some conflict and back-and-forth negotiations between an injury victim and the insurance carrier, but these claims are usually resolved relatively amicably. However, there are times when an insurance carrier denies a claim or refuses to offer a fair settlement to an injury victim. In such cases, the injury victim and their attorney may need to file a personal injury lawsuit to recover compensation. That said, just because a personal injury lawsuit has been filed, it does not mean that the case will ultimately go to trial. In fact, most personal injury civil lawsuits still do not end up going to trial. There will be an extensive period of investigation, discovery, and negotiations between the two parties before a trial date is set. Most claims are settled during this lengthy process and before trial.
What Are the Pros & Cons of Settling Before Trial?
If the two sides cannot reach an agreement after a lawsuit has been filed, it may be necessary to take a case to trial. There are benefits to settling before a trial occurs, but there are also some drawbacks.
The Pros of Settling Before a Trial
Many people settle before their case goes to trial, and the advantages of settling include the following:
The victim will receive compensation faster
Higher attorney fees can be avoided
Settling can avoid multiple court proceedings (hearings, depositions, and the trial)
Settling avoids an unpredictable jury decision (risk of receiving no compensation at all)
The Cons of Settling Before a Trial
There are several reasons why it may not be a good idea to settle before trial, and an attorney can help an injured party make informed decisions. Some of the drawbacks of settling a case before trial include not being able to secure the total amount of compensation the victim is entitled to receive. Trials can help ensure that an injury victim receives justice and their rightful compensation. Settling before a trial could significantly curtail the amount of compensation the victim receives.
Work With an Attorney
It is highly recommended that all injury victims work with a skilled personal injury lawyer to help with their case. These claims can be unpredictable and complicated. However, a skilled attorney will understand every aspect of the claim and will know whether or not moving forward to trial is a good idea or whether their client should settle.
Where Do Most Slip and Fall Accidents Occur?
Slip and fall accidents are the most common causes of premises liability lawsuits. However, just because these incidents are common does not mean that they are not devastating for victims. Any person who sustains a slip and fall injury must receive adequate medical care so they can make a full recovery period.Unfortunately, it is not uncommon for slip and fall accident victims to experience pain and suffering as well as long-lasting injuries that contribute to high medical bills. Here, we want to examine some of the most common causes of slip and fall accidents in and around our area.
Wet Surfaces
Wet surfaces are the most common cause of slip and fall accidents throughout Texas. Wet floors can occur in a variety of locations, ranging from grocery stores and restaurants to banks, office buildings, and public spaces. Wet floors can occur in a variety of ways, including the following:
Spilled food or drink
Leaky roofs or appliances
Recently waxed or mopped floors
Wet entranceways caused by rain
Property owners and their employees have a duty to regularly inspect floors for moisture. If they are not immediately able to clean up a wet floor, they should cordon off the area and mark the wet area with proper signage. Additionally, property owners and employees should always use “wet floor” signs after they have finished cleaning an area and leave the signs in place until the floor is dry. It should never be assumed that guests on a property will see the floor is wet and avoid the area. Individuals prone to slip and fall injuries can help minimize slip and fall injuries by wearing proper fitting shoes when leaving the home.
Uneven or Undermaintained Surfaces
Uneven walking surfaces are incredibly dangerous for pedestrians. Uneven walking areas can occur in a variety of ways, ranging from uneven pavement to obstacles in walkways. Some of the most common causes of uneven surfaces include the following:
Loose floorboards
Cluttered floors
Improperly paved surfaces
Potholes in a parking lot
Defective sidewalks
Torn carpeting
Poorly constructed stairways
Loose floor mats or carpet
Again, it is up to the property owner to ensure that all walkways are even and clear of obstacles and other hazards. Regular inspection and maintenance of a property is a crucial part of ensuring patron safety.
Swimming Pools
Swimming pool and hot tub areas are one of the leading causes of slip and fall cases. While it may seem obvious that there will be wet surfaces around a swimming pool or hot tub, the reality is that most of these types of slip and fall accidents are preventable. For instance, property owners should not allow defects in the surfaces surrounding the pool that allow water to accumulate in a puddle. Additionally, pool area walkways should be free and clear from hazards and obstacles that could cause slip or trip and fall injuries from a potentially dangerous surface.
Unmarked/ Improperly Marked Dangerous Conditions
Property owners should always conduct inspections and maintenance of their premises to ensure the safety of their guests and workers. However, that does not mean that there will never be a dangerous condition. When a property owner does discover that there may be a condition that can cause a slip and fall accident and injuries, they must take steps to fix the hazard. If they are unable to remedy the situation immediately, they need to take steps to cordon off the area and erect adequate warning signs so that nobody will accidentally cross into the dangerous location to suffer a personal injury.
How Long do Truck Accident Cases Take to Settle in Texas?
Being involved in an accident with a large truck can be a confusing and scary experience. The most important thing that any truck accident victim needs to do is seek medical treatment as soon as possible. Unfortunately, truck versus passenger vehicle crashes often result in severe injuries. After the immediate emergency is over, victims often wonder how long it will take for their truck accident case to settle in Texas. Unfortunately, there is no clear-cut answer to how long it will take a truck accident case to settle. This is one of the most important things you need to discuss with your Texas truck accident lawyer as soon as possible. An experienced attorney will have in-depth knowledge about this process and will be able to give you a general idea of what you can expect for your particular case.
What Is the Timeline for a Truck Accident Case in Texas?
The reality is that Texas truck accidents are all unique, and every case is different. Because no two cases are alike, there is no way to give an accident victim a definitive timeline for their particular truck accident claim. Every case unfolds according to the specific facts and circumstances related to each situation. Additionally, a significant portion of the timeline for these cases revolves around whether the personal injury claim is resolved through a settlement offer with insurance companies or if it is necessary to file a personal injury lawsuit.
If the Case Is Resolved Through Insurance Carriers
There will likely be multiple insurance carriers involved in the aftermath of a crash involving a large commercial truck in Texas. This includes the insurance company of any traditional passenger vehicle drivers as well as the insurance company of the truck driver and commercial trucking company. In general, most vehicle accident cases are resolved through insurance coverage and their carriers, but accidents involving trucks can become complicated, particularly if there are extensive injuries or property damage. If everything goes smoothly, a large truck crash victim can see their case is settled within a few weeks. However, this is a best-case, ideal time frame.
If the Case is Resolved Through a Personal Injury Lawsuit
If the insurance company of the truck driver or trucking company refuses to offer a fair settlement or denies a claim altogether, it will be necessary for the injury victim and their attorney to file a personal injury lawsuit against the company and their insurance company. Once a lawsuit is filed, it will officially enter the civil court system in Texas. At this point, you can be certain that the ideal “couple of weeks” time frame is no longer in play. Attorneys on both sides will conduct investigations, and there will be a discovery process in which both sides exchanged evidence and question witnesses. However, throughout the personal injury lawsuit process, attorneys from law firms will continue negotiations. This may be done informally or through a formal mediation process. Even though a lawsuit may be filed, it is still likely that an injury claim will be settled before the case goes to a full jury. Even so, it could take months or more than a year for this process to play out and for an injury victim to receive a settlement. Still, if no settlement can be reached, and the case needs to go to a jury trial, it could take more than a year or two for a final settlement or jury verdict to be handed down.
5 Questions to Ask a Texas Car Accident Attorney
If you or somebody you care about has been injured in a car accident caused by the negligence of somebody else, you may need to seek assistance from an attorney in order to recover full compensation for your losses. However, there are various questions that you should ask a prospective Texas car accident attorney before deciding to work with them.
1. How Much Does an Attorney Charge? Are Clients Required to Pay if the Case Loses?
This may be two questions, but they are closely related. Most Texas auto accident lawyers will take these cases on a contingency fee basis. This means that the client will incur no upfront or out-of-pocket costs for their case and will only pay legal fees after their injury lawyer secures the compensation to which they are entitled. In other words, if the attorney does not win the case or receive compensation for the client, then the client will not pay any legal fees at all. This type of fee arrangement enables even those with limited resources to hold alleged negligent parties accountable for their actions. You can also ask if a car accident lawyer offers free consultations.
2. What is the Statute of Limitations for Car Accidents?
Each state is responsible for setting time limits regarding how long injury victims have to file lawsuits against the alleged negligent party in their case. The Texas personal injury statute of limitations is two years from the date of the accident. This means that a car accident victim has a two-year window with which to file a lawsuit against the alleged negligent party. Failing to file a lawsuit within this timeframe will result in the victim being unable to recover the compensation to which they are entitled.
3. Do All Car Accident Cases Go To Trial?
No, most car accident and injury cases do not go all the way to trial. The vast majority of car accident claims are resolved through settlements with insurance carriers. However, if the at-fault party’s insurance company refuses to offer a fair settlement or if they deny a claim altogether, then it may be necessary for the car accident injury victim to file a personal injury lawsuit in civil court. Even after a case is filed in court, it is still unlikely that it will go all the way to trial. Most personal injury lawsuits are settled through negotiations with attorneys involved for both sides.
4. How Much Experience Do You Have?
There is nothing wrong with asking car accident lawyers about how much experience they, and the law firms they work at, have. In fact, glance at the wall in an attorney’s office and see if they have their law degree hanging. When did they graduate? Granted, the amount of time an attorney practices law is not always an indicator of their success. Still, you can generally count on an experienced attorney understanding exactly what needs to be done to ensure you receive the compensation you are entitled to. In particular, you can ask a prospective attorney about how much experience they have handling cases similar to yours.
5. What Are the Previous Settlements & Results for Car Accident Cases?
You can also ask a car accident injury attorney about their track record of success. For example, have they successfully recovered any major settlements or results for previous car accident clients? You may be able to find some of this information on the attorney’s website or by Googling the particular attorney you are thinking about using.
Oxycontin Manufacturer Settles 8.3 Billion Dollar Settlement
The opioid epidemic has ravaged Texas and the United States with drug overdoses for years now. Much of the problems concerning this epidemic has been linked back to the drug makers of these painkillers. Through extensive investigations and multiple lawsuits, it has been determined that the makers of these prescription medications knew the addiction risks posed by their opioid medication and failed to disclose these risks to the public and to medical professionals. Recently, the makers of OxyContin, Purdue Pharma, have reached a settlement with the US Department of Justice and agreed to plead guilty to criminal charges to resolve their role in the country’s opioid crisis. They have agreed to pay $8.3 billion.
How Much Money Will Go To Families?
While $8.3 billion may seem like a large sum of money, the reality is that this money is not designed to go specifically to families that have suffered due to opioid overdoses caused by this ongoing drug epidemic. The Purdue Pharma settlement will be paid out as follows:
$225 million will go to the US Justice Department
$1.7 billion will go towards addressing claims made in other lawsuits
$3.54 billion will be paid as a criminal fine
$2.8 billion will be paid as a civil penalty (this penalty will compete with other claims in bankruptcy court, as Purdue Pharma has filed for bankruptcy)
Members of the Sackler family that were also named in the lawsuit have agreed to pay an additional $225 million and have given up ownership in Purdue Pharma. Virtually none of this money will be earmarked specifically for victims and families who have been adversely affected by the side effects of synthetic narcotics and prescription opioids. Critics of this settlement say that it lets drug companies, and its owners, off too lightly for their roles in creating the opioid crisis that has claimed more than 400,000 American lives over the last few decades. The Justice Department has defended this settlement and said that it is “significant.” Officials with the DOJ have noted that the Department would forgo much of the $8 billion in fines and allow that money to be directed towards other creditors in the bankruptcy case involving Purdue Pharma. This could, in turn, be directed towards communities that have been harmed by the opioid crisis.
How Can an OxyContin Attorney Help?
If you or a loved one are suffering, or have suffered from opioid addiction complications due to OxyContin, turn to the team at Mike Love & Associates, LLC for help with your case today. We have extensive experience helping clients in cases involving overdose deaths, and we understand the toll this can take on individuals and their family members. We want to help you take on Purdue Pharma if OxyContin has caused you harm. Our opioid and NAS attorneys will investigate your case and work to secure any compensation you may be entitled to. This could include:
Any medical expenses related to the opioid problem
Lost wages and benefits if you are unable to work
Loss of quality of life damages
Possible punitive damages against Purdue Pharma, the makers of OxyContin
When you need a skilled OxyContin attorney by your side, you can contact us for a free consultation or by calling us at (936) 632-2000.
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