Will Your Personal Injury Case Go to Trial? TexasLawyer Explains

The Trial Question: What Every Texas Accident Victim Needs to Know

If you’ve been injured in a car accident, truck crash, or workplace incident in Houston, Austin, Beaumont, or anywhere in Texas, one of the most common and anxiety-inducing questions you’ll have is: “Will my case go to trial?” The fear of courtroom battles, cross-examination, and the unknown can paralyze even the most confident injury victims. As Attorney Ralph Manginello explains in our Attorney 911 podcast, the reality is both reassuring and nuanced. “In the personal injury world, car wreck world, work-related injury world, 98-point-something cases get resolved and settled before trial,” Ralph notes. “So the simple answer to that question is in that world, in a personal injury-type case, you’re most likely, very not likely to have to go to trial.”

But what about that other 2%? And what if your case falls into that small percentage? At Attorney911—The Manginello Law Firm, PLLC—we believe knowledge is power. With over 25 years of experience handling personal injury cases across Texas, from Houston’s busy highways to Austin’s growing suburbs, we’ve seen firsthand how understanding the legal process can transform fear into confidence. This comprehensive guide will walk you through exactly what happens, why most cases settle, when trials become necessary, and how our unique approach as “Legal Emergency Lawyers™” ensures you’re protected regardless of which path your case takes.

As client Jamin Marroquin describes: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” Ralph’s 25+ years of experience and federal court admission (U.S. District Court, Southern District of Texas) mean he’s handled cases in courtrooms most attorneys never see—including litigation against billion-dollar corporations in the BP explosion case. If you’re wondering about your case right now, the most important step is to call our legal emergency line at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll give you honest answers about your specific situation.

Why 98% of Personal Injury Cases Settle Before Trial: The Texas Reality

The statistic Ralph mentions—that approximately 98% of personal injury cases settle before reaching a courtroom—isn’t just a random number. It reflects fundamental aspects of the Texas civil justice system, insurance company economics, and practical realities for both plaintiffs and defendants. Understanding why this happens is crucial to understanding your own case’s likely trajectory.

The Economics of Settlement vs. Trial

Insurance companies are businesses, not charitable organizations. Their primary goal is to minimize payouts while maximizing premiums. When an adjuster evaluates your claim, they’re running complex calculations that weigh several factors:

• Defense Costs: Taking a case to trial in Texas typically costs an insurance company $50,000 to $150,000 or more in defense attorney fees, expert witness costs, court fees, and administrative expenses.
• Risk Assessment: Juries in Texas counties can be unpredictable. A Harris County jury might view a case differently than a Travis County jury. Insurance companies hate uncertainty.
• Time Value of Money: Money paid today is more expensive than money paid a year from now due to investment returns and inflation.
• Claim Reserve Requirements: Insurance regulations require companies to set aside reserves for potential payouts. A case going to trial requires higher reserves, affecting their financial statements.

Lupe Peña, our associate attorney who spent years working for a national defense firm, explains: “I’ve reviewed hundreds of cases from the insurance side. The moment a case shows signs of trial readiness—when the plaintiff’s attorney has thoroughly investigated, secured strong experts, and demonstrated willingness to try the case—the settlement authority increases dramatically. Insurance companies settle because it’s cheaper, faster, and less risky than rolling the dice with a Texas jury.”

The Plaintiff’s Perspective: Why Settlement Often Makes Sense

For injury victims, settlement offers several advantages:

• Certainty: A settlement guarantee eliminates the risk of receiving nothing at trial.
• Time: Trials can take years in Texas courts, especially in crowded dockets like Harris County. Settlement provides faster access to funds for medical bills and living expenses.
• Privacy: Settlement terms are typically confidential, while trials are public records.
• Emotional Relief: Avoiding the stress of testifying, cross-examination, and prolonged litigation.

However—and this is critical—settlement only makes sense when the offer is fair. As Ralph emphasizes in the podcast, cases go to trial when “an insurance company or defendant doesn’t want to pay what the plaintiff’s lawyer thinks the case is worth, and they’re way far apart, they can’t come to an agreement.” At Attorney911, we’ve recovered multi-million dollar settlements for clients because we know when to negotiate and when to prepare for trial. Our recent multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company demonstrates our ability to secure fair compensation without trial when possible.

The Texas Legal Framework That Encourages Settlement

Texas law and court rules actively encourage settlement through several mechanisms:

• Texas Civil Practice & Remedies Code § 154.002: Encourages peaceable resolution through alternative dispute resolution.
• Mandatory Mediation: Many Texas courts require mediation before setting a trial date.
• Offer of Settlement Rules (Texas Rule of Civil Procedure 167): Creates potential cost consequences for parties who reject reasonable settlement offers.
• Modified Comparative Fault (Texas Civil Practice & Remedies Code § 33.001): The 51% bar rule means plaintiffs found more than 50% at fault recover nothing. This creates settlement pressure when fault is disputed.

If you’re currently dealing with insurance adjusters who seem friendly but are offering low settlements, remember: their job is to close your case as cheaply as possible. They’re already building their defense file. Call 1-888-ATTY-911 today to let our former insurance defense attorney analyze their tactics and protect your rights.

When Personal Injury Cases Go to Trial: The 2% That Fight

While most cases settle, understanding when and why cases go to trial is essential. As Ralph explains, there are two primary scenarios: “where liability is disputed” and when valuation disagreements are “way far apart.” Let’s examine both in detail from a Texas legal perspective.

Disputed Liability: “It Was Her Fault” vs. “It Was His Fault”

Ralph gives the perfect example: “No, it was her fault. She entered the intersection on a red light. No, it was his fault.” When insurance companies believe they can prove their insured wasn’t at fault—or that you were partially or completely at fault—they’re more likely to force a trial. Texas follows the modified comparative negligence rule (Texas Civil Practice & Remedies Code § 33.001). This means:

• If you’re found 50% or less at fault, your recovery is reduced by your percentage of fault.
• If you’re found 51% or more at fault, you recover NOTHING.

Insurance companies know this rule and use it aggressively. They’ll argue you were speeding, distracted, failed to yield, or otherwise contributed to the accident. Common liability disputes in Texas include:

• Intersection accidents: Red light vs. green light disputes
• Lane change accidents: Who changed lanes improperly?
• Rear-end collisions: Even these “clear liability” cases can be disputed if the defense claims sudden stops or mechanical failure
• Multi-vehicle pileups: Complex causation chains
• Premises liability: Whether the property owner knew or should have known about the dangerous condition
• Workplace injuries: Whether the injury occurred in the course and scope of employment

At Attorney911, we prepare for liability disputes from day one. Our investigative team—which includes former insurance defense investigators—immediately secures evidence: surveillance footage (which often disappears after 7-30 days), black box data from vehicles, cell phone records, witness statements, and accident reconstruction experts. As client Donald Wilcox discovered when another firm rejected his case: “One company said they would not accept my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” We take cases others won’t because we know how to prove liability.

Valuation Disputes: When Insurance Companies Lowball Catastrophic Injuries

The second scenario Ralph mentions is when parties are “way far apart” on what the case is worth. Insurance companies use sophisticated software like Colossus to value claims. These programs systematically minimize injuries by:

• Classifying soft tissue injuries as “minor” regardless of pain
• Discounting subjective symptoms like pain, suffering, and emotional distress
• Ignoring future complications and long-term disability
• Using “averages” that don’t account for your unique circumstances

Lupe Peña’s insider experience is invaluable here: “I used Colossus and similar systems. They have built-in limitations and assumptions that consistently undervalue serious injuries. When I see an insurance offer now, I know exactly which levers they pulled to get that number—and how to challenge every assumption.”

Cases that often require trial due to valuation disputes include:

• Traumatic brain injuries (TBI): Insurance companies often dispute cognitive deficits
• Spinal cord injuries and paralysis: Future care costs can reach millions
• Amputations: Like our client whose leg injury led to infection and partial amputation, settling in the millions
• Wrongful death: Disputes over the value of a lost life
• Disfigurement and scarring: Subjective but life-altering damages
• Chronic pain conditions: When objective imaging doesn’t match subjective pain

Our firm is currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity (Bermudez v. Pi Kappa Phi Fraternity, Inc.), demonstrating our willingness to take on major institutions and fight complex, high-stakes cases to trial when necessary.

The Strategic Decision: When We Recommend Trial

At Attorney911, we prepare every case as if it’s going to trial. This isn’t just rhetoric—it’s a strategic advantage. Insurance companies can sense when a firm is a “settlement mill” that will take low offers to avoid trial. As Ralph says, “Most lawyers that, you know, I’ve been doing this for over 26 or something years now, lawyers are not going to go to trial unless they think they can win. And that goes for both sides.”

We recommend trial when:

1. The insurance company’s offer doesn’t cover even your basic economic damages (medical bills, lost wages)
2. They’re denying valid claims or acting in bad faith
3. Their liability position is unreasonable given the evidence
4. The case involves principle or public safety concerns
5. Our client understands the risks and wants their day in court

As client Glenda Walker notes: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” Whether your case settles or goes to trial, having a lawyer with actual trial experience is non-negotiable. Call 1-888-ATTY-911 to speak with a lawyer who has been in Texas courtrooms for decades.

Contingency Fees Explained: “No Fee Unless We Win Your Case”

The second question Ralph addresses in the podcast is crucial: “And are there fees involved in that?” His answer gets to the heart of why contingency fees exist: “Well, yeah, absolutely. So an attorney’s not going to represent someone on a personal injury claim without having them sign a contract first. And that contract is going to be a contingency fee contract. Okay. Between 33 and a third percent and 40 percent between the lawyer and the client. And the lawyer will only get paid once the client is paid also.”

How Contingency Fees Work in Texas Personal Injury Cases

Texas follows specific rules regarding contingency fees (Texas Disciplinary Rules of Professional Conduct 1.04). At Attorney911, our fee structure is transparent:

• 33.33% (one-third): If your case settles before a lawsuit is filed or before trial preparation begins in earnest
• 40%: If your case requires filing a lawsuit and substantial trial preparation (as Ralph notes, “if you get to that point, you’re going to have to pay your lawyer for working really hard”)
• 0%: If we don’t recover compensation for you. You owe us nothing if we don’t win.

This structure aligns our interests completely with yours. We only get paid when you get paid. As Ralph emphasizes: “The lawyer will only get paid once the client is paid also. So either through a settlement or a verdict.” This means:

• We advance all case costs (filing fees, expert witnesses, medical records, investigation costs)
• We only recover these costs if we win your case
• If we lose at trial, you owe us nothing—not even the costs we advanced (which can reach tens of thousands of dollars)

Why Contingency Fees Are the Only Fair System for Injury Victims

Most injury victims in Texas couldn’t afford justice without contingency fees. Consider the financial reality after a serious accident:

• Medical bills piling up
• Lost wages from missed work
• Possible job loss due to disability
• Mortgage, car payments, and daily living expenses

Hourly fees for experienced trial attorneys in Houston range from $350 to $750+ per hour. A complex case going to trial could easily cost $50,000 to $100,000 in legal fees alone—before you even know if you’ll win. The contingency system ensures that:

1. Access to justice isn’t limited to the wealthy
2. Lawyers carefully screen cases (we only take cases we believe have merit)
3. We’re motivated to maximize your recovery (our fee is a percentage of what we recover for you)
4. You never pay out-of-pocket for legal representation

As client Tymesha Galloway experienced: “Leonor is the best!!! She was able to assist me with my case within 6 months.” When you work with us, you get aggressive representation without financial risk. If you’re worried about affording a lawyer, remember: we only get paid when you do. Call 1-888-ATTY-911 today to start your case with no upfront costs.

What the Fee Covers: The Value of Experience and Resources

When you hire Attorney911 on contingency, you’re not just hiring a lawyer—you’re hiring an entire team with specific expertise:

• Ralph Manginello’s 25+ years of experience: Admitted to the Texas Bar in 1998, federal court admission (U.S. District Court, Southern District of Texas), HCCLA membership, and involvement in BP explosion litigation
• Lupe Peña’s insurance defense insider knowledge: He worked for years at a national defense firm, learning firsthand how large insurance companies value claims
• Our investigative team: Former insurance defense investigators who know where to find evidence insurance companies try to hide
• Medical experts: We work with top medical specialists across Texas to document your injuries and future needs
• Economic experts: To calculate lost earning capacity and future medical costs
• Life care planners: For catastrophic injury cases requiring lifelong care
• Bilingual staff: Including Zulema and others who ensure Spanish-speaking clients receive full understanding

This comprehensive approach is why we’ve achieved multi-million dollar results for clients across Texas. As client Kiimarii Yup shares: “I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.”

The Attorney911 Difference: Why We’re Not a Settlement Mill

Many personal injury firms in Houston, Austin, and Beaumont operate as “settlement mills”—they take on hundreds of cases, do minimal work, and push clients to accept low settlements quickly. At Attorney911, we’re fundamentally different. Here’s why:

1. We Prepare Every Case for Trial

Insurance companies know which firms will try cases and which won’t. As Ralph explains in the podcast, lawyers don’t go to trial unless they think they can win. Our track record of preparing cases for trial—even when they eventually settle—gives us tremendous leverage. We:

• Conduct full investigations within days of being hired
• Secure and preserve evidence before it disappears
• Retain expert witnesses early in the process
• File lawsuits before the statute of limitations when necessary to preserve claims
• Take depositions and engage in full discovery

This trial-ready posture is why we achieve settlements like our multi-million dollar resolution for a maritime back injury case where “our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement.”

2. Former Insurance Defense Attorney on Your Side

Lupe Peña’s experience working for insurance companies is perhaps our biggest competitive advantage. He knows:

• How claims are valued using software like Colossus
• What arguments adjusters are trained to make
• Which medical experts insurance companies hire for IMEs (independent medical examinations)
• How surveillance is conducted and what they’re looking for
• The settlement authority structures and who actually makes decisions

“Having a former defense attorney means we don’t accept lowball offers,” Lupe explains. “I know when they’re bluffing about taking a case to trial and when they’re serious. I know which arguments will resonate with their supervisors and which won’t.” This insider knowledge has helped us recover millions for clients who might have received far less with other firms.

3. Personal Attention from Experienced Attorneys

At many high-volume firms, you might never speak with an actual attorney. At Attorney911, you’ll work directly with Ralph, Lupe, or another experienced lawyer on our team. As client Brian Butchee notes: “I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” Our clients consistently mention:

• Direct attorney access: Not just paralegals
• Regular updates: We follow up every 2-3 weeks minimum
• Responsive communication: As client Dame Haskett says: “Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.”
• Family atmosphere: Client Chad Harris describes: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”

4. Comprehensive Legal + Criminal Defense Capability

Many personal injury firms can’t handle the criminal aspects that often accompany accidents—like DWI charges if you were arrested after the crash. Ralph’s HCCLA membership and criminal defense experience mean we can handle both sides seamlessly. We’ve achieved dismissals in DWI cases where “our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.” This comprehensive approach prevents conflicts and ensures your entire legal situation is handled by one trusted team.

5. Proven Results Across Texas

Our results speak for themselves. With offices in Houston, Austin, and Beaumont, we’ve helped clients across Texas recover life-changing compensation:

• Multi-million dollar settlements for catastrophic injuries
• Complex litigation experience including BP explosion cases
• Federal court capability (U.S. District Court, Southern District of Texas)
• 251+ Google reviews with 4.9 stars from real clients
• Celebrity endorsement: As Jacqueline Johnson notes: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm.”

If you’re researching attorneys and want one who will actually fight for you, not just settle quickly, call 1-888-ATTY-911. Let us show you the Attorney911 difference.

What to Do Right Now: Your Immediate Action Plan

If you’ve been injured in Texas, time is not your friend. Evidence disappears, memories fade, and the statute of limitations clock is ticking (exactly 2 years from your accident under Texas Civil Practice & Remedies Code § 16.003). Here’s exactly what to do:

Step 1: Protect Your Health and Evidence

• Seek medical attention immediately, even if you feel “fine.” Some injuries like TBIs and internal bleeding have delayed symptoms.
• Document everything: Take photos of vehicles, injuries, the scene, weather conditions, and your visible injuries over time.
• Preserve evidence: Don’t repair your vehicle until it’s been photographed and inspected by experts.
• Get witness information: Names, phone numbers, and email addresses from anyone who saw what happened.

Step 2: Avoid Common Insurance Traps

Insurance adjusters may call within hours of your accident. Remember:

• Do NOT give a recorded statement without consulting an attorney. They’re trained to ask questions that minimize your claim.
• Do NOT sign medical releases giving them access to your entire medical history.
• Do NOT accept the first settlement offer. It’s almost always a lowball.
• Do NOT post about your accident or injuries on social media. Insurance companies monitor everything.

Step 3: Call Attorney911 Immediately

The sooner we get involved, the more we can protect your rights. When you call 1-888-ATTY-911:

1. You’ll speak directly with our legal team, not a call center
2. We’ll provide immediate guidance on what to do and not do
3. We’ll start preserving evidence before it disappears
4. We’ll handle all communication with insurance companies
5. We’ll explain your rights and options clearly
6. We’ll begin investigating immediately—at no cost to you

As client Stephanie Hernandez discovered: “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.”

Step 4: Focus on Your Recovery While We Handle the Legal Battle

Your job is to heal. Our job is to:

• Investigate every aspect of your case
• Handle all paperwork and deadlines
• Negotiate aggressively with insurance companies
• Consult medical experts to document your injuries
• Calculate your full damages—past, present, and future
• Prepare your case for settlement or trial
• Keep you informed every step of the way

With offices in Houston, Austin, and Beaumont, we serve clients across Texas. Hablamos Español—all consultations are available in Spanish with Lupe Peña or our bilingual staff. Call 1-888-ATTY-911 right now. Don’t face the insurance companies alone.

Frequently Asked Questions About Trials and Fees

1. Will my personal injury case go to trial?

As Ralph Manginello explains, approximately 98% of personal injury cases settle before trial. However, every case is prepared as if it will go to trial because that preparation gives us maximum leverage in negotiations. Cases most likely to go to trial involve disputed liability (“he said/she said” accidents) or significant disagreements about the value of serious injuries. At Attorney911, we have the trial experience to take your case to court if necessary, but we always seek fair settlement first when possible.

2. What percentage of personal injury cases go to trial in Texas?

While exact statistics vary by county, the general consensus among Texas legal professionals aligns with Ralph’s “98-point-something” figure. In our 25+ years of practice across Houston, Austin, Beaumont, and other Texas communities, we’ve found that only a small fraction of cases actually reach a jury verdict. Most settle during mediation, negotiation, or on the courthouse steps before trial begins.

3. How much does it cost to hire Attorney911?

We work on a contingency fee basis: you pay nothing unless we recover compensation for you. Our standard contingency fee is 33.33% (one-third) if your case settles before substantial trial preparation, and 40% if it requires filing a lawsuit and preparing for trial. We advance all case costs and only recover them if we win your case. If we don’t recover compensation for you, you owe us nothing—no fees and no costs.

4. What happens if my case does go to trial?

If your case goes to trial, we will thoroughly prepare you for what to expect. The process typically involves jury selection, opening statements, witness testimony (including you, medical experts, accident reconstruction specialists, and others), cross-examination of defense witnesses, closing arguments, jury deliberation, and verdict. Trials in Texas can last from a few days to several weeks depending on complexity. We prepare every case meticulously, as we did with our BP explosion litigation and current $10 million lawsuit against the University of Houston.

5. How long will my personal injury case take?

Most cases settle within 6-18 months, but complex cases or those requiring trial can take 2-3 years or longer. The timeline depends on factors like: severity of injuries (we wait until you reach maximum medical improvement), complexity of liability issues, number of defendants, court docket schedules in your county, and the insurance company’s willingness to negotiate fairly. As client Jamin Marroquin notes, we were “tenacious, accessible, and determined throughout the 19 months” of his case.

6. What if I was partially at fault for the accident?

Texas follows the modified comparative negligence rule (Texas Civil Practice & Remedies Code § 33.001). If you’re found 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you’re found 51% or more at fault, you cannot recover anything. Insurance companies often exaggerate fault percentages to reduce payouts. Our experience challenging these claims—including Lupe Peña’s insider knowledge of how they’re calculated—helps ensure you’re not unfairly blamed.

Your Next Step: Call Texas’s Legal Emergency Lawyers™

The question of whether your case will go to trial is important, but it shouldn’t paralyze you. As Ralph Manginello emphasizes in the Attorney 911 podcast, the overwhelming likelihood is that your case will settle—but only if you have a lawyer who’s prepared to go to trial. Insurance companies can sense when a firm lacks trial experience or willingness, and they adjust their offers accordingly.

At Attorney911—The Manginello Law Firm, PLLC—we bring a unique combination of assets to your case:

• 25+ years of Texas trial experience with Ralph Manginello
• Former insurance defense insider knowledge with Lupe Peña
• Multi-million dollar results for clients across Texas
• Federal court capability (U.S. District Court, Southern District of Texas)
• Complex litigation experience including BP explosion cases
• Comprehensive personal injury + criminal defense under one roof
• Bilingual services for Spanish-speaking families
• 251+ Google reviews with 4.9 stars from satisfied clients
• Offices in Houston, Austin, and Beaumont serving all of Texas

As client Ernest Cano summarizes: “Mr. Maginello and his firm are first class. Will fight tooth and nail for you.” Whether your case settles or goes to trial, you deserve representation that puts your interests first, understands the insurance company’s playbook, and has the track record to prove it.

Don’t wonder, don’t worry, and don’t face the insurance companies alone. Call our legal emergency line right now at 1-888-ATTY-911. Visit our website at attorney911.com to learn more about our firm, watch our 291+ educational YouTube videos, or listen to the Attorney 911 podcast where Ralph breaks down legal issues in plain English. Your consultation is free, confidential, and comes with no obligation. Let us be your first responder to this legal emergency.

Frequently Asked Questions

Will my personal injury case go to trial?

Approximately 98% of personal injury cases settle before trial, but every case is prepared as if it will go to trial because that preparation gives maximum leverage in negotiations. Cases most likely to go to trial involve disputed liability or significant disagreements about the value of serious injuries.

What percentage of personal injury cases go to trial in Texas?

While exact statistics vary by county, the general consensus among Texas legal professionals is that about 98% of cases settle before reaching a jury verdict. Only a small fraction of cases actually go to trial, with most settling during mediation or negotiation.

How much does it cost to hire Attorney911?

We work on a contingency fee basis: you pay nothing unless we recover compensation for you. Our standard contingency fee is 33.33% if your case settles before substantial trial preparation, and 40% if it requires filing a lawsuit and preparing for trial. We advance all costs and only recover them if we win.

What happens if my case does go to trial?

If your case goes to trial, we will thoroughly prepare you for the process, which typically involves jury selection, opening statements, witness testimony, cross-examination, closing arguments, jury deliberation, and verdict. Trials in Texas can last from days to weeks depending on complexity.

How long will my personal injury case take?

Most cases settle within 6-18 months, but complex cases or those requiring trial can take 2-3 years or longer. The timeline depends on factors like injury severity, liability issues, court schedules, and the insurance company’s willingness to negotiate fairly.

What if I was partially at fault for the accident?

Texas follows modified comparative negligence: if you’re 50% or less at fault, you can recover damages reduced by your fault percentage; if you’re 51% or more at fault, you cannot recover. We challenge exaggerated fault claims using Lupe Peña’s insider knowledge of how insurance companies calculate fault.