□
gtag('config', 'AW-16497199748');

Settling vs. Going to Court After a Texas Car Accident: Which Is Right for You?

September 8, 2025 | By Francis Injury: Car & Truck Accident Lawyers
Settling vs. Going to Court After a Texas Car Accident: Which Is Right for You?

When you’re injured in a Texas car accident, one of the first questions you’ll face is whether to settle your case out of court or push forward to a trial. While most accident cases resolve through settlements, there are situations where litigation may be the only path to justice. This guide explains the differences, benefits, and risks of both options—so you can make an informed decision with your Texas Car Accident Lawyer.

Why Most Car Accident Cases Settle Out of Court

According to the Texas Department of Transportation (TxDOT), there were more than 500,000 crashes reported statewide in 2023. The vast majority of these cases never reached a courtroom. Why? Settlements often provide the fastest, least stressful, and most predictable outcome for injured Texans.

  • Faster compensation: Medical bills, lost wages, and car repairs can’t wait months or years. Settlements get money into your hands sooner.
  • Less risk: Juries are unpredictable. Even a strong case could end with no award if the jury disagrees.
  • Lower cost: Trials are expensive. Settling reduces attorney prep time, expert witness fees, and court costs.
  • More control: In settlement talks, you and your lawyer decide whether to accept an offer. In trial, the jury decides your fate.
  • Reduced stress: Trials mean depositions, cross-examination, and reliving trauma. Settlements avoid this emotional burden.

For more insight on building strong claims before settlement, see our guide: Car Accident Claims.

When Taking Your Case to Court May Be the Best Option

Sometimes, insurance companies refuse to pay what your injuries are truly worth. In those situations, going to court may secure a better outcome. Your attorney might recommend trial if:

  • The insurer denies fault or argues you caused the crash.
  • The insurer’s offer is far too low for your medical bills and long-term needs.
  • You suffered catastrophic injuries, such as spinal cord damage or traumatic brain injury, and the insurer won’t offer fair value.
  • You want your day in court to hold a negligent driver or company accountable.

Texas uses a comparative negligence system. If you’re found partly at fault, your recovery is reduced by your percentage of blame. For example, if you’re 20% at fault and awarded $100,000, you’ll receive $80,000. But if you’re 51% or more responsible, you recover nothing. This is one reason insurers often try to push cases into court—to shift blame onto the victim.

The Litigation Process in a Texas Car Accident Case

If your case proceeds to court, here’s what typically happens:

  • Pleadings: Your attorney files a petition outlining your claims. The defense responds with an answer—often denying fault.
  • Discovery: Both sides exchange evidence, including medical records, crash reports, and deposition testimony.
  • Motions: Either side may ask the judge to dismiss claims or exclude evidence.
  • Mediation: Judges often require mediation before trial. Many cases resolve here.
  • Trial: If no agreement is reached, your case is heard before a jury. The jury decides liability and damages.

For a detailed look at how lawsuits unfold, see What Happens in a Car Accident Lawsuit?.

Settlement vs. Trial: Pros and Cons

SettlementTrial
Faster resultsCan take years
Lower costExpensive (experts, court fees)
Certainty of payoutAll-or-nothing risk
Private outcomePublic record
Less stressHigh emotional toll
Usually lower payoutsPotential for higher awards

The Challenge of Uninsured and Underinsured Drivers

Roughly 20% of Texas drivers have no insurance. If you’re hit by one of them, suing may be useless—there’s nothing to collect. That’s why uninsured/underinsured motorist coverage is critical. This optional coverage allows you to make a claim with your own insurer if the other driver can’t pay.

Our lawyers have helped countless clients pursue these claims. Learn more: Uninsured Motorist Hit Me — What Now?

Factors That Influence Whether You Should Settle or Go to Court

  • Strength of evidence: Strong police reports, medical records, and witness testimony improve trial odds.
  • Medical prognosis: If you’re still treating, waiting may yield a higher award that includes future care.
  • Financial need: Settlements provide quick relief for urgent bills.
  • Risk tolerance: Some clients want certainty; others prefer to gamble on a jury.
  • Policy limits: If the defendant has minimum coverage, trial may not be worth it.

For strategies to improve your payout, see our resource: Tips to Negotiate a Settlement Offer.

Real-World Example: A David vs. Goliath Settlement

At Francis Injury, we recently fought a case against a major company whose driver caused a serious crash in Hays County. The truck driver violated safety policies by swerving into our client’s lane while using an unsafe “snaking” maneuver. Our client required knee surgery and months of rehab. After aggressive litigation, we secured a confidential settlement that held the driver and employer accountable:contentReference[oaicite:0]{index=0}.

This case proves why sometimes filing suit and pushing forward is necessary to obtain justice—especially when the other side refuses to pay fair compensation.

Frequently Asked Questions About Settlements vs. Trial

  • How long does settlement take? Some resolve in weeks; most in months. Trials often take 1–2 years.
  • Will I get more if I go to court? Possibly, but it’s a risk. Some jury awards exceed offers; others end with nothing.
  • Can I settle after filing suit? Yes. Many cases settle even after discovery begins.
  • What if I can’t afford trial? Your attorney advances costs and is paid from the final award. No win, no fee.
  • Do jurors usually side with victims? Many do when injuries are severe and evidence is strong. But juries remain unpredictable.
Settling vs Going to Court

Injured in a Texas Car Accident? Here’s What to Do Next

If you or a loved one was hurt in a crash, don’t face insurers alone. Whether your case settles quickly or heads to court, you need a trial-tested team on your side. Francis Injury has offices across North Texas and serves clients statewide. Explore related resources:

Call us today at 817-329-9001 or use our online contact form to schedule a free consultation. We’ll explain your options and fight for the compensation you deserve.