Less than 5% of personal injury cases go to trial, and Houston follows this nationwide trend. While most claims resolve through settlement or mediation, understanding the possibility of trial is essential. Whether your case involves a car accident, slip and fall, or workplace injury, knowing what to expect can help you make informed decisions. At Hernandez Sunosky, LLP, our Houston personal injury attorneys prepare every case as if it will go to trial because that’s how we secure the best outcomes for our clients.
Why Most Personal Injury Cases in Houston Don’t Go to Trial
Most personal injury cases in Houston settle before reaching a courtroom. Trials are costly, time-consuming, and carry uncertain outcomes. In Texas, over 90% of personal injury claims are resolved through settlement or alternative dispute resolution methods like mediation or arbitration. This trend holds true in Harris County, where courts actively promote early resolution.
Houston courts often require early case management conferences and court-ordered mediation to encourage settlement. These procedures give both sides an opportunity to resolve disputes without the burden of trial.
Insurance companies and defense attorneys also prefer to avoid trial. Juries in Houston have awarded significant damages in some cases, making the risk of an unpredictable verdict a strong incentive to settle.
The Role of Mediation in Texas Personal Injury Cases
Mediation is a cornerstone of the Texas civil litigation process. In many Houston courts, mediation is mandatory before a case can proceed to trial. This process involves a neutral third party who facilitates discussions between the injured party and the defendant to explore settlement options.
Benefits of mediation include:
- Reduced legal costs and faster resolution
- Greater control over the outcome
- Confidentiality and reduced emotional strain
Even if mediation doesn’t lead to a final agreement, it often narrows the issues and brings both sides closer to resolution.
When a Personal Injury Case Might Go to Trial
Although most cases settle, some do proceed to trial—particularly when there are disputes over liability or the amount of damages. If the parties cannot agree on who was at fault or what compensation is appropriate, a trial may be necessary.
Cases are more likely to go to trial if they involve:
- Severe or catastrophic injuries
- Conflicting expert testimony
- Complex medical or technical evidence
- A defendant unwilling to offer a reasonable settlement
In these situations, your attorney may recommend preparing for trial to pursue the compensation you deserve.
What to Expect from a Jury Trial in Houston
Jury trials in Houston can be unpredictable. While some juries have awarded substantial verdicts to injured plaintiffs, others have sided with defendants. This uncertainty often motivates both sides to settle—but not always.
If your case goes to trial, your attorney will guide you through the process, from jury selection to presenting evidence and witness testimony. A well-prepared case and credible presentation can significantly influence the outcome.
How to Prepare—Whether You Settle or Go to Trial
No matter how your case resolves, preparation is essential. Working closely with your attorney from the beginning ensures that your case is built on solid evidence and strategy.
Steps to take:
- Document everything: Keep detailed records of your injuries, medical treatment, expenses, and any communication related to the incident.
- Understand the litigation process: Be prepared for discovery, depositions, and mediation. These steps are crucial to building your case.
- Evaluate settlement offers carefully: Your attorney can help you weigh the pros and cons of accepting a settlement versus going to trial.
- Stay realistic: Trials can be lengthy and expensive. Knowing the potential outcomes helps you make the best decision for your situation.
Thorough preparation gives you leverage during negotiations and confidence if your case proceeds to court. The more organized and proactive you are, the stronger your position becomes at every stage of the process.
Your Attorney’s Role in the Process
Your attorney is your advocate and guide throughout the legal process. They will:
- Explain each stage of litigation
- Assess the strength of your case
- Negotiate with insurance companies and opposing counsel
- Prepare you thoroughly if trial becomes necessary
Having an experienced personal injury lawyer in Houston can significantly impact the outcome of your case—regardless of whether it settles or goes to trial.
Get Legal Guidance for Your Houston Personal Injury Case
At Hernandez Sunosky, LLP, we help injury victims in Houston understand their legal options and make informed decisions about whether to settle or go to trial. Whether your case resolves quickly or requires courtroom advocacy, our experienced attorneys are here to protect your rights and pursue the compensation you deserve. Contact us today for a free consultation to discuss your case and next steps.