FAQs: Jury Trials, Insurance and Lawsuits
Q: What sort of cases go to trial?
A: At the Carlson Law Firm, we always prefer to settle cases with insurance companies without filing a lawsuit and going all the way to a trial. Unfortunately, oftentimes, insurance companies fail to make a reasonable offer of settlement. In these situations, we at the Carlson Law Firm file lawsuits in order to seek justice for our clients.
Q: Does the Carlson Law Firm go to trial frequently?
A: No, not really. Usually, even the most stubborn insurance companies will offer enough to settle a case. So, if we have to go to trial it will be because the insurance company is acting unreasonably.
We go to trial when all attempts at settlement have been exhausted. Our primary goal in each case is seeking justice for our clients. However, when an insurance company refuses to offer a reasonable amount in settlement, we will often file a lawsuit to pursue justice for the client.
However, trial is expensive, time consuming and uncertain. Most people would be surprised to know that when a case goes to trial the jury is not allowed to know that the Defendant has insurance coverage, and oftentimes the jury mistakenly believes that the Defendant himself/herself will have to pay any judgment. This is simply a wrong belief. We would never take a case to trial unless adequate insurance coverage existed.
Additionally, we are not allowed to talk to juries about the amount of our expenses (which are usually several thousand dollars by the time we get to trial), nor is the jury allowed to award attorney fees in most injury cases.
All of these factors make taking a case to trial a calculated risk with significant anxiety and hardship for the Plaintiff. Nonetheless, when insurance companies consistently refuse to do the right thing, we at the Carlson Law Firm will proudly take cases to trial for our clients.
Q: What if the person who injured me has no insurance?
A: Texas law requires that all drivers maintain a minimal level of auto insurance. Unfortunately, many drivers fail to maintain proper insurance.
In order to actually collect money from a claim or lawsuit, there must be a source of recovery. What this really means is that the other driver must have insurance for us to pursue the case and get you a fair recovery.
However, if you have been in a collision and the other driver is uninsured, you should still call us, 254-633-2983. There may still be something that we can do.
Q: How does the Carlson Law Firm determine if they will take my case?
A: At the Carlson Law Firm we prosecute injury cases as vigorously and diligently as any firm in the country. We are unique in our ability and willingness to take on the very small cases, as well as the very large and complex cases.
As Plaintiff's lawyers we have the burden in any case of proving, by a preponderance of the evidence, all the elements of our cases relating to liability (fault) and damages. In reviewing a potential case we look for three things:
We must be able to prove liability. We have to be able to show that the incident in question was caused by the fault of another party.
We must be able to present to the jury a viable damage model. "Damages" can be economic (medical expenses, lost wages), and/or non-economic (mental anguish/pain and suffering). We must present these things at trial in an admissible and compelling form.
Lastly, we must have a source of recovery. Most individuals are "judgment proof"- that is, even if we secured a judgment against an at-fault party, without the presence of insurance it is almost always impossible to collect. In order for us to pursue a case, it is ESSENTIAL that the potential defendant have insurance to pay for any potential judgment. Without the presence of insurance, litigation and trial are an expensive exercise that will almost always result in no recovery for our clients.
If these three pieces exist, there is a good chance that we can help you. Please call us RIGHT NOW 254-633-2983.
Q: How long does it take to get an appointment with the Carlson Law Firm?
A: Our phone lines are open 24/7. We can see you on short notice. We often see people in the evenings and on weekends. If you have a question or potential case, call us NOW: 254-633-2983.
Q: How long will it take to finish my case?
A: There are so many factors that go into the timeframe to resolve a case. It will always depend on the significance of the injuries, the length of time the client needs to get medical treatment, and the willingness of the insurance company to resolve the claim promptly.