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All About Personal Injury Settlements

April 10, 2024

Personal injury claims are a great way to obtain financial compensation after an accident. Our firm has helped those hurt in truck accidents, car wrecks, slip and falls, dog attacks, and bus accidents. At The Pennington Firm, most of our cases settle without the need for a trial. In fact, over 90% do. We can negotiate aggressively for fair compensation for all your damages and receive compensation faster than if we presented a case to a jury. Call us. Below, we answer some of the most common questions regarding settlements.

How long does a personal injury settlement take?

The amount of time will depend on many factors. Most cases take at least 5-6 months to negotiate. However, some factors can delay settlement, including disagreements over fault. It might not be obvious who is to blame. Fault can reduce the amount of compensation you receive or prevent you from receiving any money at all.

Another factor which can delay settlement is a dispute over the severity of your injuries.

Should I just settle?

You should only settle if the defendant offers fair compensation. Some of them refuse to budge and won’t offer enough money for your injuries. We always carefully review the facts of your case to determine what is a meaningful amount of justifiable compensation. When you settle, you guarantee you will receive something. It’s always possible to lose at trial. You can also typically receive money faster than if you end up in court.

How much can I ask for in a personal injury settlement?

You can ask for as much as you want. However, you need to prove your damages: medical bills, property damage, and lost income, among others. Typically, insurers analyze how much they would have to pay if they lost at trial. They also look at the strength of your evidence. If your evidence is strong, we have leverage in negotiations.

How much is my case worth?

Settlements are made up of economic damages for lost income, property damage, and medical care. We can use bills and paystubs to establish how much you should receive.

You can also request money for non-economic damages. Unlike economic losses, pain and suffering are more subjective. Someone with chronic pain, disability, depression, and permanent impairments can request much more for pain and suffering than if their injuries are merely temporary. Many clients receive more in pain and suffering than they do for economic damages.

What is pain and suffering in a personal injury settlement?

This part of a settlement tries to compensate for your bodily pain and limitations. Under Texas law, we can try and force a defendant to pay you for this type of suffering.

How much do personal injury lawyers take from settlement?

The amount is determined by agreement. Most personal injury attorneys will agree to take 33-40%, depending on how long it takes to settle. We have had cases settle on the eve of trial.

Is a settlement agreement binding?

Yes. You will have to sign a settlement agreement, which is a contract. Children under 18 can’t sign their own contracts, so a judge will need to approve a settlement agreement for a child. The Pennington Firm can help any accident victim, regardless of age, negotiate a settlement.

What if I develop problems in the future?

Unfortunately, every settlement we’ve negotiated comes with a release of claims. In exchange for money, you agree that you won’t sue the defendant again for the same accident. In short, you get one chance to obtain financial compensation from the defendant. If you try to get more, they can show a judge the release you signed as part of your settlement.

What if my personal injury case can’t settle?

At that point, your only chance is to take your case to trial. You should hire the right lawyer to present your case to a judge and jury. At The Pennington Firm, we are prepared to file a lawsuit before any deadline and present evidence to a jury. We know our way around a courtroom.

Texas gives victims a limited number of years to file a lawsuit. The statute of limitations states personal injury victims receive two years. If you miss this deadline, you lose the ability to sue.

Schedule Your Consultation Today

The Pennington Firm is a leading law firm committed to protecting accident victims and their families. If you call today, you can schedule a free meeting with our firm to go over your accident and discuss possible compensation. Our consultations are free and private.