Ask a Lawyer: Will I Have to Go to Court to Settle a Work Injury Claim?

Most people automatically associate lawsuits with the courtroom. This is because most court cases you hear about are settled in front of a judge, and often, a jury. However, work injury attorneys in Houston want to help you avoid needing to take your claim to court.

Ask Work Injury Attorneys in Houston: Will I Have to Go to Court to Settle a Work Injury Claim?

You'll usually be able to settle your work injury claim without going in front of a judge. Instead, the claim will be handled by attorneys and insurance companies. Staying out of the courtroom is less stressful, less expensive, and less time-consuming than cases that need to go to trial. Experienced lawyers are willing and able to go to court if needed, but they'll do their best to avoid it for everyone's benefit.

Why Might I Have To Go to Court to Settle My Claim?

1. Your Employer Refuses to Accept Liability

If your employer is being difficult and refusing to accept liability for your injury, then you may have to go to court so your attorney can present your case to a judge and jury. The more evidence you have, the higher your likelihood of winning your case. There are no studies done specifically on work injury claims, but one study on a different type of personal injury case shows juries are 50% likely to side with people who have strong evidence supporting their claim.

2. Your Employer's Insurance Company Is Refusing to Pay

Insurance companies won't usually flat-out refuse to pay a settlement, but they may refuse to pay a settlement large enough to cover all of your damages. Your attorney calculates your damages based on financial losses (economic damages) and the impact the injury has had on your life (noneconomic damages).

Sometimes the settlements can get pretty high depending on how badly your life has been impacted, and that's where the insurance company may start to tighten their purse strings. It may take a court order to get them to pay out the full value of your claim.

3. Your Case Is Complicated

Some cases can be quite complicated depending on the cause of injury, the extent of your injuries, and other factors. More complex cases can have a higher likelihood of needing to go to court to settle. If a case has multiple plaintiffs, such as if there was a large-scale accident that caused multiple injuries at work, then they're more likely to need to enter the courtroom to settle.

An experienced attorney should be able to tell you whether your case may need to go to court to settle. They'll evaluate your case during your consultation, and the complexity of it should be evident right from the start. Find out more by having a free consultation with an attorney and discussing your case with them in depth.

I've Been Left Disabled: Does That Mean My Case Will Have To Go to Court?

Not all cases where the injured party is now disabled have to go to court. However, being left with a life-long disability does mean you're most likely entitled to a substantial amount in medical economic damages and various non-economic damages. This can skyrocket how much you could win in compensation, so it can increase the chances that you'll need to go to court.

Do I Have To Go to Court if the Work Injury Resulted in a Wrongful Death?

If you're claiming on behalf of a loved one who passed away from injuries sustained at work, then you still may not have to go to court. However, wrongful death work injury cases typically have a higher likelihood of going to court than regular work injury cases.

Do I Have to Go to Court to Claim More Than I'm Paid in Workers' Compensation?

The chances that you'll have to go to court to win Workers' Compensation are extremely low. However, you can win an additional sum on top of your Workers' Compensation payments, depending on your damages. The fact that you've been offered Workers' Compensation payments shouldn't influence the likelihood of your case going to court.

Will I Win More If My Case Goes to Court?

People whose cases go to trial often win larger settlements than those who settle outside of court. However, this is because people who go to court are usually already entitled to these larger sums. People winning seven-figure settlements and high six-figure settlements are usually those who:

• Have been impacted by wrongful death
• Have been left permanently disabled

Always be prepared for the chance that your case could go to court. However, there's a good chance your work injury lawsuit will never be taken to trial. Even in the case of wrongful death, you can settle outside of the courtroom as long as you have an experienced, hard-working attorney at your side.