Can I Get a Larger Settlement in My Car Accident Case if It Goes to Trial?
The short answer is: it depends. When a personal injury case goes to trial, the outcome is determined by a jury of 12 random people, who decide how much compensation you should receive based on the evidence and arguments presented. These jurors come from diverse backgrounds, with different life experiences, perspectives, and ideas about what is fair. This inherent uncertainty means that trial outcomes can vary widely, and the result can work in your favor or against you. Insurance companies and personal injury attorneys understand this uncertainty, and it is one reason why some cases settle for less than their full value while others see significantly higher awards at trial.
For instance, if the same case were tried five times, you might receive five entirely different verdicts. One jury might award $100,000, another $20,000, another $300,000, and so on. You can never know exactly how a jury will perceive your case or react to the evidence, which makes trial a double-edged sword. While there is potential for a higher award, there is also the risk of receiving less—or even nothing—depending on the jury’s assessment.
Several factors influence your chances of receiving a higher award at trial. One of the most important is having an experienced attorney who knows how to present your case effectively, highlight your injuries, and communicate the impact of the accident on your life. The venue is also significant. Rural areas tend to produce lower verdicts, often reflecting a “suck it up” mentality, whereas urban areas like Dallas, Austin, or Houston may see juries that are more sympathetic and willing to award higher damages. Insurance companies are aware of these patterns and may offer higher pre-trial settlements in jurisdictions with larger, more sympathetic juries.
The type and severity of your injuries also play a major role. Serious injuries—such as traumatic brain injuries, surgeries, long-term physical impairments, or disfigurement—tend to lead to higher awards, as juries recognize the lasting impact on your life. Even seemingly smaller injuries may be awarded more at trial if properly documented and presented, including evidence of pain and suffering, emotional distress, and the effect on your daily activities and employment.
Before trial, insurance companies often make settlement offers, but these offers typically focus narrowly on past medical bills or immediate costs, plus minimal amounts for other forms of damages. In Texas, you are legally entitled to much more than just past bills. You can recover damages for future medical expenses, past and future pain and suffering, past and future physical impairment, past and future physical disfigurement, past and future mental anguish, lost wages, and future lost earning capacity.
For example, consider a case where an insurance company offers $100,000 before trial, with $50,000 allocated for medical bills. At trial, your attorney can present a detailed breakdown of damages to reflect the full impact of your injuries, potentially including:
$50,000 for past medical bills
$50,000 for future medical bills
$100,000 for past pain and suffering
$100,000 for future pain and suffering
$70,000 for past physical impairment
$50,000 for future physical impairment
$40,000 for past physical disfigurement
$40,000 for future physical disfigurement
$20,000 for past mental anguish
$20,000 for future mental anguish
$20,000 for past lost wages
$100,000 for future lost earning capacity
It is important to remember, however, that trial outcomes are never guaranteed. Some cases may settle for less, some may yield higher verdicts, and some juries may interpret evidence differently than expected. This unpredictability is why having a skilled, experienced attorney is crucial. A knowledgeable attorney can build your case, gather the necessary evidence, consult medical experts, and present your story in a way that maximizes your chances of receiving full and fair compensation.
Ultimately, deciding whether to settle or proceed to trial is a strategic choice that should be made with your attorney, considering the strength of your case, the evidence available, the potential jury pool, and your personal goals. At The Kaufman Law Firm, we work closely with our clients to weigh these factors and develop a plan designed to achieve the best possible outcome, whether through negotiation or trial.
