Are There Times When You Wouldn’t Want to Settle Your Houston Car Accident Lawsuit?
Nine times out of ten, your Texas car accident lawyer is going to be determined to settle your case. There are very few reasons why your attorney would want to go to trial. After all, trials are expensive and time-consuming. There’s also the chance that you could lose. However, every now and then, a case arises in which settlement is not the best solution. In these situations, your attorney is going to want to go to trial. Now, that doesn’t mean they’ll stop all settlement negotiations. The defendant may offer to pay all of your damages as long as you don’t go after punitive damages. Here, we’ll discuss a few reasons why a car accident victim wouldn’t want to work out a deal in lieu of going to trial.
Your Case May Be So Strong That You’re Willing to Take Your Chances in Court
One thing Texas car accident lawyers tell their clients is that there’s no such thing as a “sure thing.” When you’re involved in a car accident, it’s impossible to prove that one driver was 100% at fault. Even if you didn’t cause the crash, you may have been able to respond better. Perhaps you were texting while at a red light, and somebody smashed into the back of your car. In this situation, you probably could’ve avoided the nasty collision if you weren’t on your phone.
In other cases, there is so much evidence showing that the other driver is at fault, it can’t be ignored. In situations like this, your Texas car accident lawyer may want to go to trial. If they feel there’s a good chance of recovering full damages, why would they want to settle for less than the full demand?
The Defendant May Not Be Willing to Settle for a Reasonable Amount
Despite your Texas car accident lawyer’s best efforts, the defendant may not be willing to settle. Or they offer a lowball settlement hoping you’ll be desperate enough to accept it. Your Texas car accident lawyer isn’t going to encourage you to accept a settlement that isn’t in your best interests.
Your Texas Car Accident Lawyer May Demand Punitive Damages
In some car accident cases, the plaintiff demands punitive damages. These are damages intended to punish the defendant. It is rare that a judge in Texas would ever award punitive damages in a car accident lawsuit. However, there are circumstances in which they would consider it. For example, if you’re hit by a drunk driver, the court will often be willing to award you punitive damages. They want to punish the defendant for their reckless behavior. The same is true for people who are hit by somebody fleeing the police. The court needs to send a message in cases like this where the defendant acted with absolutely no regard for the rest of society. If you’re asking for this sort of damages, you wouldn’t want to surrender them just to settle your case.
Reach Out to an Experienced Texas Car Accident Lawyer
A lot of car accident victims don’t hire a car accident lawyer in Texas right away. They want to see if their auto insurance claim is going to be paid first. That makes perfect sense. If your claim is going to be paid in full, then why would you need an attorney? The truth is that there are times when you’d want to have an attorney by your side from the very beginning.
Regardless of when you hire your Texas car accident lawyer, their goal is going to be the same. Ideally, they’ll be able to settle your claim so that you don’t need to file suit. And, if you do have to file a lawsuit, your attorney is still going to work tirelessly to negotiate a settlement. For the most part, it’s in everybody’s best interest to settle the case rather than go to court. There are times, however, when this isn’t possible. There are even times when settling isn’t preferable. It all depends on the facts of your case.
In order to get a better idea of how your case should proceed, give our office a call. Let one of our experienced Texas car accident lawyers review your case and give you their honest opinion. All you have to do is call and set up your free, initial consultation. It costs you nothing but can give you the peace of mind you desperately need.