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What Happens If My Injury Case Goes to Trial?

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What can you expect if your case goes to trial?

 

What Happens If My Personal Injury Claim Goes to Trial in Texas?


Key Takeaway:

If your personal injury case goes to trial, a judge or jury will determine how much compensation you receive—and the process can take a year or longer.


In Texas, the vast majority of personal injury claims are settled outside of court. Your attorney typically negotiates directly with the insurance company to reach a fair settlement—without needing to involve a judge or jury. In fact, roughly 90% of injury cases are resolved this way.

But sometimes, settlement negotiations break down. This may happen if:

  • The insurance company refuses to offer a fair settlement

  • There’s a dispute over who’s at fault

  • The injuries or damages are severe and require complex evidence

When that happens, your attorney may recommend taking the case to trial.

What to Expect If Your Case Goes to Trial

At trial, your case will be heard in court and decided by either a judge (bench trial) or a jury (jury trial). The process follows a set structure:

  1. Jury Selection (if applicable)

  2. Opening Statements

  3. Witness Testimony & Cross-Examination

  4. Closing Arguments

  5. Jury Deliberation or Judicial Review

  6. The Verdict

While the actual trial usually lasts between 3 and 10 days, the full process—starting from the lawsuit being filed—can take several months to over a year, depending on:

  • Case complexity

  • Court scheduling

  • Witness availability

  • Legal motions or appeals

Trial vs. Settlement: What’s the Difference?

Settlement Negotiation Trial
Usually faster Takes longer (months to a year+)
Private and informal Public and formal
Less involvement from you May require your testimony
Outcome is negotiated Outcome is decided by a judge or jury
Guaranteed compensation You could win more—or nothing at all

Settlements offer speed and certainty, but trials may result in higher compensation. However, they also carry more risk.

That’s why it’s crucial to work with a personal injury attorney who’s not only a skilled negotiator but also ready to take your case to trial if that’s what it takes to get the justice you deserve.

Filing a Personal Injury Claim in Texas? Call Shaw.

Whether your case settles quickly or ends up in court, Carabin Shaw is here to fight for your full legal compensation. You may be entitled to:

  • Medical Bills

  • Lost Wages

  • Pain and Suffering

  • Mental Anguish

  • Property Damage

  • And More

Call Shaw today at 800-862-1260 to schedule your free case assessment with a personal injury lawyer in Texas. No fees. No obligations. Just the legal help you need when it matters most.

We look forward to serving you.

 

 

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