The American Bar Association (ABA) says that most claims – including construction accident claims – usually settle out of court. Essentially, if the facts of your case are not in dispute, and the insurer is willing to settle, the chances of settling out of court are high.
If, however, the insurance company does not accept your version of how the accident happened or disputes the severity of your injuries, your case could end up going to trial.
In this situation, you would have a two-year window in which to file your case, per Texas Civil Practice and Remedies Code § 16.003.
What Factors Could Make My Case Settle Out of Court?
If you were hurt on a construction site, the following elements could help you reach a fair settlement without filing a lawsuit:
- Your employer offers workers’ compensation insurance, and you can get money through this avenue.
- The liable insurer offers you a settlement that pays for your injury-related losses.
The insurer’s initial settlement offer may not be enough to cover your expenses. In this case, our team will negotiate. Here, most cases come to an end, as claimants are able to get the compensation they need.
This is affirmed by the Legal Information Institute (LII), which says that most personal injury cases are resolved through insurance settlements.
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What Are the Benefits of Settling My Case Out of Court?
There are many benefits to settling outside of court, including:
Going to Court Can Be Expensive
Going to court can be expensive. The cost of filing paperwork and consulting expert witnesses can quickly add up. These expenses could take away from your final court award.
Going to Court Takes Time
By avoiding litigation, you could avoid a lengthy, arduous legal process. Taking depositions, exchanging evidence during the discovery phase, and completing cross-examinations can take months to complete.
Even if your case goes to trial, there is no guarantee that you will win. If you accept money from the insurer, you are guaranteed some degree of coverage for your losses.
What Incentive does the Insurance Company Have to Settle My Case Out of Court?
Your personal injury lawsuit will not be filed against the liable insurance company. Instead, it will be filed against the at-fault party in your case.
The insurance company may hire a lawyer to represent their client – but this can get expensive. Insurance companies make their money by selling policies, not hiring lawyers to represent their clients.
They will ultimately want to settle out of court to cut down on the money they spend trying to settle your case.
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Types of Damages You Can Get Through a Claim or Lawsuit
Ultimately, the types of damages you can recover will depend on a lot of things, like the nature of your injuries and the actual cost of your losses.
If you file an insurance claim, you may only be able to collect money up to the liable policy’s limits. This means that you may not be able to get compensation for certain non-economic damages, like pain and suffering.
When you work with a lawyer from our firm, you do not have to worry about these details. We will fight for every penny that you are owed.
Your recoverable damages following your construction accident could include:
- Medical bills. This includes coverage for surgery, hospitalization, medications, and physical therapy.
- Lost wages. You could recoup the cost of your lost tips, commissions, employee benefits, salary, and bonuses.
- Loss of future earning capacity. If your accident left you unable to continue working in construction, you could recoup the difference between your current and future income.
- Pain and suffering. This accounts for the physical and mental impact of your accident on your quality of life.
- Funeral expenses. The construction sector is one of the deadliest workforces. If you lost a loved one due to a construction accident, you can get compensation for their funeral service, embalming, and cremation.
We could pursue financial recovery for other items not included here.
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We Are Ready to Help with Your Case
Without reviewing your situation, we cannot provide a definite answer as to whether your construction accident claim will settle out of court. Each case is different, and your circumstances will determine whether an out-of-court settlement is possible.
The Strong Arm at Loncar Lyon Jenkins is ready to represent your legal interests. Whether we can settle your case through negotiations or at trial, our entire focus is on helping you receive the settlement you deserve.
Reach out to us at (877) 239-4878 today for a free consultation. If we decide to work together, we will take your case for a contingent fee, meaning that you owe us nothing upfront or out of pocket for our services. Instead, we take our payment after you are awarded compensation.