Schertz, Texas Car Accident Lawsuits - When to Go to Court & When to Settle

Residents in Schertz, Texas, frequently travel to San Antonio on I-35, the busiest highway in Texas, which is also the location of many car crashes. Accident victims may be left unable to work and uncertain about whether they can pay their bills. Many wonder whether they should accept a quick settlement from the insurance company or pursue their claim in court to seek additional compensation.

The Schertz car wreck lawyers at Carabin Shaw help accident victims determine the best course of action for pursuing damages after a crash. Most of our clients receive compensation by negotiating settlements with insurance companies. A few find that taking their case to court provides a better option. If you have been injured in a car accident in Schertz, our attorneys are ready to help you. Our top Texas law firm offers our services on a contingency-fee basis, meaning you pay us nothing until we win your case. Our team is available 24/7 to schedule a free case review in English or Spanish at 800-862-1260.

Nearly 1,000 car accidents occurred in Schertz in 2024, killing five people and seriously injuring 31. Since Texas is an at-fault state, the party that causes the accident is also liable for damages to the injured victims. To pursue compensation, victims first file an accident claim with the at-fault party’s insurance company.

Insurance companies often offer quick, lowball settlements to accident victims. These initial offers are rarely what your damages are worth. Our local lawyers recommend calling a personal injury firm before working with the insurance adjuster to ensure you get the compensation you deserve.

Texas law establishes some guidelines for the promptness with which insurance companies must respond to claims. Once filed, insurers have approximately 1-3 months to accept or deny your claim. If they accept your claim, the company will typically offer an initial settlement.

Most initial settlement offers are lower than what accident victims can realistically expect to receive. The negotiation process between the insurer and your attorney begins, which can take some time to complete. Texas does not set time limits on the negotiation process. A car accident attorney in Schertz TX may help shorten the timeline and increase your odds of a favorable outcome.

Nearly all personal injury claims are settled. However, if you and the insurance company cannot agree on an amount, you may have no choice but to file a personal injury lawsuit. Although litigation can take months or even years, it may be the best option for some victims to ensure they receive sufficient damages for their injuries and losses.

Settlements are the preferred scenario for most accident victims for a variety of reasons:

• Less risk as a signed settlement guarantees a payout
• Faster resolution than court proceedings in most cases
• Lower costs by avoiding court fees and other trial expenses
• Settlements are confidential, while trial details become public record

While going to court is not usually a first choice for accident victims, there are reasons to consider litigation over settlement negotiations:

• Unresolved liability issues where neither side takes responsibility for the accident
• Unacceptable settlement offers despite good-faith negotiations
• Severe or fatal injuries that substantially increase the claim amount
• Case of extreme negligence that might incline a jury to award punitive damages

Even cases that go to litigation usually resolve before trial. However, ensure that the attorney you work with has trial experience in case your claim proceeds to the courtroom. A trial may take much longer, but could result in a much larger settlement than you could negotiate with the insurance company.

Confused After Your Auto Wreck in Schertz TX? Contact Carabin Shaw’s Expert Legal Professionals Today & Book Your FREE Initial Consultation!

Texas has a two-year statute of limitations on most personal injury claims, meaning you have two years from the date of your accident to file a lawsuit. Don’t wait to get the legal help you need to navigate your case successfully. Check Carabin Shaw’s glowing client reviews to see how our lawyers have helped other accident victims maximize damages, then call us toll-free today at 800-862-1260.

For more information:

• TX DoT
• Texas Statutes 542
• Texas Statutes 16