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Texas Boating Accidents: When to Sue & When to Settle

After being injured in boating accident, the party at fault in the accident (or their insurance company) will probably approach you to offer a monetary settlement. This payment is meant to compensate you for your injuries while also ending or eliminating the possibility of litigation. There are advantages and disadvantages to accepting settlements in Texas boating accidents.

An experienced boat accident attorney can:

  • Accurately estimate the cost of your accident, including injury-related expenses, the cost of repairing or replacing damaged or destroyed property, and appropriate compensation for your pain and suffering
  • Work with experts to collect accident-related evidence and establish that the other party was at fault in the accident
  • Negotiate a settlement with the party at fault
  • Represent you in court if a lawsuit is necessary
  • Advise you on the pros and cons of settling or suing in your particular case

Advantages to Settling a Texas Boat Accident Lawsuit

There are several reasons why victims of Texas boating accidents will settle a lawsuit:

  • A settlement brings final resolution to the case
  • A Texas boat accident settlement can be obtained more quickly than a court judgment
  • Settling the case gives you quicker access to money that can be used to pay for accident-related expenses
  • A settlement can be kept confidential
  • You may pay less in legal fees and expenses if you settle the case

Advantages of Going to Trial

Although most personal injury cases ultimately settle, some are eventually decided in a court of law. There are a couple of reasons why accident victims would choose to sue rather than settle their Texas boat accident case:

  • The accident victim and the party at fault (or their insurance company) were unable to reach a mutually agreeable settlement
  • The accident victim wants the emotional satisfaction of a public trial

Going to trial, however, has one major disadvantage: there's no guarantee you will win more money than if you had settled the case. In fact, there's a chance you could win less money-or no money at all. Unfortunately, you are bound by the court decision unless your lawyer believes that the case could be appealed to a higher court.

There are several other disadvantages to going to trial; it may result in higher attorney's fees and expenses, and a lawsuit can take a substantial amount of time-a year or more-to resolve. Additionally, not every Texas boating accident victim would want the outcome of his or her case to be made public, which is what will happen if your case is decided in court.

Ultimately, it is your choice to settle your boating accident case, but you should at least consider your attorney's advice. An experienced boat accident attorney should be able to give you a fairly accurate estimate of how much your case could be worth if you go to trial and whether it makes more sense to settle or litigate.