Probably not. Most car accident claims settle, many without a lawsuit and most of the rest before trial, often at mediation. But a case should be prepared as if it will be tried, because insurers pay more when they believe the lawyer is ready to go to court.
Most injury claims end in a settlement. Insurers settle when the evidence of fault is strong, the injuries are well documented, and the risk of a jury verdict is higher than the cost of paying. Many claims settle before any lawsuit is filed.
When the insurer offers too little, filing suit changes the conversation. Once a case is filed, the defense has to produce records, its witnesses can be deposed, and a trial date eventually gets set. Many cases settle during discovery or at mediation, which Texas courts often order before trial.
Some cases do go to trial. That usually happens when the insurer disputes fault, argues that the injuries came from something else, or refuses to pay what the evidence supports. A Texas jury then decides fault under Chapter 33 of the Civil Practice and Remedies Code and the amount of damages.
The choice to settle belongs to the client. A lawyer advises on whether an offer is fair, but the client decides whether to accept it.
Some cases can go to trial faster. Under Texas Rule of Civil Procedure 169, a case seeking $250,000 or less, excluding interest and certain other items, can proceed as an expedited action with limited discovery, and the court must set a trial date within a set period after discovery closes on request. That path trades a cap on recovery for speed.
Whether a case goes to trial often comes down to the insurer’s view of the evidence. Clear liability, consistent medical care, and documented losses make trial risky for the defense, which is usually when fair offers come.
The best protection against a low offer is a case built for trial from the first day: preserved evidence, consistent medical care, and documented losses. Owsley Law Firm prepares every case that way and charges no fee unless it wins.
Trials in Texas civil cases usually begin with jury selection, followed by opening statements, testimony from the parties, witnesses, and experts, closing arguments, and deliberation. The jury answers written questions about fault and damages. Your lawyer will explain each step well before the trial date so nothing about the process is a surprise.
Texas juries decide both fault and damages. The jury assigns a percentage of responsibility to each party under Chapter 33, and your recovery is reduced by your share, or barred if you are found more than 50 percent responsible. A jury also decides the dollar value of each category of damages the law allows.
A verdict is not always the end. Either side can file post-trial motions and appeal, which can add a year or more. That uncertainty is one reason both sides often prefer a settlement that gives them a certain result, and it is part of what your lawyer weighs when advising on an offer.
Trial preparation is visible to insurers. Depositions of key witnesses, designated experts, and a clear presentation of damages tell the other side the case is ready, which affects their settlement value.
If a case is tried, most of the work happens before the jury is seated. Exhibits, witness preparation, and legal motions are completed in advance, and the trial itself may last a few days for a typical car case.
Mistakes that cost people money
- Accepting a low offer out of fear of trial without understanding the real risks.
- Gaps in medical treatment that give the defense a reason not to settle.
- Discussing the case on social media while settlement talks are underway.
Related questions
Who decides whether to settle?
You do. Your lawyer advises, but the decision to accept or reject an offer is yours.
Do I have to testify at trial?
Usually yes. Your lawyer prepares you, and your testimony is often the most important evidence of how the injury affected your life.
Can a case settle during trial?
Yes. Cases sometimes settle after jury selection or during testimony.
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