Who Is Able To Recoup Compensation From A Personal Injury Settlement?

Only the injury victim can recoup compensation from a personal injury settlement. The question at the end of the case for the client is how much financial recovery will they stand to make after their medical bills, case costs, and attorney fees are paid. If the client isn’t satisfied with the amount that they are going to receive after these costs have been paid, then they don’t have to authorize the settlement. Ultimately the settlement has to be just and fair for everyone involved, but most especially for the client. The client is in control of whether that case gets settled or not. I can’t settle a case without client’s permission and authorization.

Does Retaining A Lawyer Impact The Attitude Of Insurance Companies In A Personal Injury Case?

Retaining a lawyer will impact the attitude of the insurance company, because insurance companies aren’t paying claims to do the right thing. They are settling claims to avoid paying more money in the long run, following a jury verdict after a personal injury trial. Without that threat of litigation, an insurance company is going to be looking to lowball the case, to pay as little as possible or nothing at all. An attorney brings that threat of litigation, and that threat of a personal injury jury trial that motivates the insurance company to pay top dollar on a case. This is only if a high quality attorney, such as a board-certified personal injury trial lawyer, is retained.

In cases like these, individuals should never hire a lawyer who is not a board-certified personal injury trial lawyer, because an insurance company is not going to feel threatened by a lawyer who is not a personal injury specialist. It would be like someone with a heart problem going to a pediatrician or a family doctor. That pediatrician or family doctor is not going to be specially trained in heart disease or heart problems, and no one would make that decision. With a legal case it’s the same way. If you have a personal injury case, go to a board-certified personal injury trial lawyer. If you have a probate case, then you go to a board-certified probate lawyer. You have to go to a board-certified lawyer who specializes in whatever area of law you happen to need.

How Long Does It Take For A Personal Injury Case To Get Resolved?

It can take a long time for a personal injury case to get resolved. Clients have to be patient, because the case only moves as fast as the court dockets allow. Sometimes, the other side will put up a fight to stretch out a case as long as possible. Furthermore, I  can’t even begin to resolve a case until the clients have reached what we call maximum medical improvement. This means that they have fully recovered from their injuries, or their injuries have reached a point where they will not progress any further. At that point in time I have a good grasp of what the value of the case is, but sometimes that doesn’t happen for months or even years after an accident happens. After this, I have to deal with the court’s docket, which can be lengthy as well. The lifespan of a case can be as short as 3 months to as long as 3 years, and it just varies on those factors—how severe the injuries are, when the client reaches maximum medical improvement, where we get placed on the court’s docket, and how much insurance is involved. If there are more insurance proceeds available and therefore more money to fight over, the case will last longer.

Stephen Boutros has dedicated over 27 years to advocating for the rights of victims. He focuses on aggressively seeking justice and ensuring that victims of personal injury receive the fullest possible compensation for their injuries and suffering.

Call For Free Consultation (713) 425-4300

How Do You Determine Whether A Case Goes To Trial Or Settles Outside Of Court?

There are a couple of factors that determine whether a case goes to trial or settles outside of court. The vast majority of my cases settle without a trial. The cases that go to trial almost always have some issues in it that make the insurance company think they can win, such as disputed liability or disputed injury. The important thing is that if clients prepare their case for trial, it’s likely to settle. If clients are hoping to settle their case, it will likely end up in trial. I handle every case as if it’s going to go to trial, and because I am prepared and the insurance company and their lawyers know that, they are far more likely to settle the case.

What Can I Expect If My Personal Injury Case Does Go To Trial?

If your case does go to trial, you can expect several things. The most important is that we will be perfectly prepared. I prepare my clients long before trial. I bring my clients in and prepare them to testify by teaching them the rules that apply in court with regard to testifying. I’ll go over the evidence with the clients and make sure that they have a firm understanding of what the evidence is. I’ll show them the manipulative ways in which the insurance company lawyers will try to attack their case so that they can defend themselves against that on the stand. Before I go to trial my clients are very well prepared, and that helps them to relax during the trial process.

How Does Going To Trial Impact The Overall Cost Of The Personal Injury Recovery Process?

Going to trial impacts the overall cost of the personal injury recovery process, because when you go to trial there are more expenses involved. However, when you are victorious in trial, it is possible to recover more. Many of those expenses, what are referred to as taxable court costs, are awarded to clients by the judge on top of the jury’s verdict. Additionally, the interest can be added on top of the jury’s verdict by the judge.

If An Out Of Court Settlement Is Reached, How Long Before I Actually Receive The Settlement?

If an out of court settlement is reached, most clients receive their settlement anywhere from 7 days to a month at the latest.

Additional Information About Personal Injury Cases In Texas

Clients must follow instructions given to them by their medical professionals, as well as their lawyers. Trust the professionals who are trained to make sure the victims are taken care of, both as far as their healthcare and to make sure that they are fairly compensated at the end of the day. The claims process is much more complicated than people first realize, and the insurance company is much more adversarial than people actually know. Again, the insurance company is there, the adjuster is there and they’ll talk to you like they are your friend but their goal is to pay you as little as possible or nothing at all. To avoid being taken advantage of, I recommend that people hire a board-certified personal injury trial lawyer immediately after a crash, or any type of injury producing incident, so that their rights are protected.


Stephen Boutros has dedicated over 27 years to advocating for the rights of victims. He focuses on aggressively seeking justice and ensuring that victims of personal injury receive the fullest possible compensation for their injuries and suffering.

Call For Free Consultation (713) 425-4300

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