Understanding the Personal Injury Settlement Process in Laredo - South Texas Attorneys

Most personal injury claims end with a successful settlement agreement, yet the process to get to an agreement is a mystery to many victims considering a lawsuit. Hiring a Laredo lawyer to prove liability and damages is essential to maximizing your injury compensation. At Carabin Shaw, our seasoned, expert team clarifies the path to negotiating a successful settlement so you can develop reasonable expectations and avoid common mistakes. Call our toll-free number at 800-862-1260 to schedule a free case review. We have English- AND Spanish-speaking staff and offer our services on a contingency fee basis, so you don’t pay any fees unless your case is won. Someone is available to speak with you 24/7.

While trial judgements are often public record, personal injury settlements in Texas are typically confidential. This is because they arise from private negotiations outside the court's purview. Depending on the damages claimed, settlements can range from thousands to millions of dollars.

There are limits to how much a court may award in a personal injury lawsuit based on the type of defendant. In 2023, for example, a jury awarded $2.5 million to two victims who a police officer rear-ended. However, lawsuits against government entities are capped, so each victim's award was reduced to $250,000. Speaking with your lawyer about potential damages and damage caps will help guide your decision-making throughout the settlement negotiation.

Part of the personal injury settlement process in Texas is deciding the disbursement of settlement funds. Plaintiffs may have the option to receive one lump sum or structure the settlement disbursement over time.

The benefits of a lump sum payment include the opportunity to cover significant and immediate financial needs and invest larger amounts of money. However, structured settlements provide a steady income stream over time without the risk of overspending. Speaking to your Laredo attorney about settlement disbursement options ensures that you reach an agreement that aligns with your financial needs and is most beneficial to your future.

One of the biggest mistakes a plaintiff can make in settlement negotiations is accepting the first offer too quickly. The insurance company or Laredo personal injury attorneys will likely offer a low amount, hoping to reduce their client’s financial consequences. Having a skilled lawyer by your side allows you to argue for maximized compensation that covers ALL your damages.

Once a settlement is offered and in accordance with the Texas Rules of Civil Procedure, the plaintiff may accept or reject it. The plaintiff may also negotiate a counteroffer. It is crucial that your attorney provides evidence to support your claim, and you may also consider alternative dispute resolution (ADR) options. Mediation is one ADR option that involves a neutral third party helping both parties reach an agreement.

The conditions and release agreements within many offers underscore the importance of a fair settlement offer, as they may release the defendant from future liability related to the incident. Liability waivers insert a finality to the course of action in your case, and victims generally cannot go back to seek additional damages. South Texas personal injury law allows plaintiffs to estimate future damages in their claim, which should be included in your settlement offer.

No limit exists to the number of settlement counteroffers one case can have. If the two parties cannot eventually reach an agreement, they opt for a trial to have the court decide damages and awards. Trials cost time and money, and they can be stressful. However, your legal team will do its best to minimize these additional costs.

The Laredo TX lawyers at Carabin Shaw have decades of experience in personal injury law, and we know how important it is to get a fair settlement offer that covers your economic and noneconomic injuries. Read our client reviews to find out more about the quality of our professional legal services, and set up an appointment to evaluate your ability to seek compensation for your injuries.

For more information:

• Texas Statutes 101
• TX Courts
• Texas Statutes 41