Pregnancy and childbirth are meant to be times of anticipation and excitement, but they can also be times of worry and fear. Childbirth is a delicate process, and even the tiniest of complications […]
When you or a loved one has been severely hurt due to someone else's carelessness, such as in a car crash, truck accident, or due to faulty product manufacturing, the thought of going to court might be disheartening. After all, the legal process might drag on and on, only adding insult to injury when it comes to the trauma you're already coping with after an accident.
However, following an accident, financial hardships arise due to medical costs and a possible decline in a victim's ability to return to work. This is when you should seek the counsel of a competent Texas personal injury attorney. An experienced lawyer can evaluate your case, conduct necessary investigations, and advise you on whether or not to settle your personal injury claim out of court.
Most personal injury claims in the United States are resolved out of court, but every case is unique. Ensure you consult a personal injury attorney in Dallas immediately after any accident.
Out-of-court settlements have at least five benefits:
In most cases, settling a dispute out of court is more cost-effective than taking legal action. The reduced amount of documentation should lead to lower legal expenses. You may expect a lower bill if your personal injury lawyer doesn't have to do much work on your case, like gather evidence, locate witnesses, take depositions, etc.
While the benefits of settling a personal injury claim are undeniably significant, it's important to be aware of the possible negatives of settling out of court.
Before deciding, consider the benefits and drawbacks of going to trial for your personal injury lawsuit. You should see an attorney if you need assistance determining which course of action is best given your circumstances.
Texas's "offer of settlement" rule covers practically all lawsuits that seek monetary damages, with a few exceptions, including class action suits and various lawsuits filed under the Family Code.
Plaintiffs should keep in mind that any party that wrongly rejects a settlement offer may be held responsible for some litigation expenses under the Texas Rule of Civil Procedure. Initially, only a defendant or party against whom a claim for damages is lodged may submit a statement using this rule. A settlement offer might be made to a defendant after the defendant has filed its statement.
If one party rejects a "reasonable" settlement made by the other, the losing party must then cover the other's legal fees. According to Rule 167, "litigation costs" include monetary awards, expert witness fees, and attorneys' fees. Litigation expenses begin accruing upon rejection of the settlement offer and end upon execution of the final verdict.
Settlement offers must not be "significantly less favorable" to the offeree than the actual verdict at trial in order to be considered "reasonable" under Rule 167. If the judgment is less than 80% of the offer amount, then the offer made by the defendant to the plaintiff is considered fair. A plaintiff's settlement offer to a defendant is considered fair if the ultimate judgment is more than 120% of the offer amount.
Our team at the Rasansky Law Firm has served the Dallas-Fort Worth region for 27 years. Our accident and injury attorneys handled hundreds of personal injury and wrongful death cases during that time.
Through it all, we promise to treat you and your loved ones with the greatest respect and care, regardless of the circumstances surrounding your accident.
We will assist you in keeping track of your injuries and other losses and provide information about your legal choices and representation. To speak with one of our Dallas personal injury lawyers and arrange a free first appointment, please call (214) 651-6100. At this trying time in your life, we will stop at nothing to get complete and fair compensation for you and your loved ones.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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