Discovering problems with your personal injury settlement can leave you feeling betrayed and confused. You trusted your lawyer to fight for fair compensation, but now you’re questioning whether you received what you deserved.
Settlement disputes happen more often than you might think, and knowing your rights under Texas law is essential.
Whether it’s miscommunication, inadequate settlement amounts, or concerns about legal fees, you have options.
If you believe there are issues with your personal injury settlement in Texas, contact our experienced Lubbock personal injury attorney for a free consultation.
Common Settlement Issues in Personal Injury Cases
📌 Missing documents or unclear breakdowns are red flags — they suggest either mismanagement or lack of transparency, both of which can affect your payout.
Several issues commonly arise that leave clients questioning their settlement:
Communication and Documentation Issues:
- Unclear explanations of settlement breakdowns
- Missing settlement statements or accounting records
- Rushed decisions without adequate time to consider options
- Limited communication during negotiations
Financial Concerns:
- The settlement amount seems inadequate for the injuries sustained
- Unexplained deductions or higher-than-expected legal fees
- Questions about proper damage calculations
- Confusion about contingency fee structures
If you’re experiencing these issues, there are steps you can take to address your concerns.
Steps to Address Settlement Concerns
Request Complete Documentation
Ask your current lawyer for a comprehensive settlement breakdown. Essential documents include:
- Complete settlement agreement and release documents
- Detailed accounting of all settlement funds
- Breakdown of attorney fees and costs
- Documentation of medical liens and their resolution
- Records of settlement negotiations and offers
Verify Medical Liens and Expenses
Medical liens can significantly impact your net settlement. Ensure your lawyer:
- Identified all medical liens against your settlement
- Negotiated reductions where possible
- Properly allocated lien payments
- Protected your interests during negotiations
Evaluate Settlement Adequacy
Your settlement should account for:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Physical impairment and disfigurement
- Property damage
Document Your Concerns and Get a Second Opinion
Create written records of specific issues and consult with another personal injury attorney for a perspective on whether your settlement was reasonable.
Texas Personal Injury Settlement Process
⚖️ The rules governing consent, fund handling, and written fee agreements exist to protect clients — when they’re ignored, clients may have valid claims against counsel.
Knowing how settlements work helps you evaluate whether your case was handled properly.
- Client Consent Requirements: Your lawyer cannot settle without your informed consent, meaning you must understand the settlement amount, terms and have adequate time to decide.
- Fund Handling Rules: Texas attorneys must maintain client funds in separate trust accounts, provide prompt notification when funds are received, and deliver money without unreasonable delay.
- Fee Agreement Standards: Contingency fee agreements must be written, clearly state percentages charged, and comply with Texas State Bar guidelines.
Texas law requires lawyers to obtain informed consent before finalizing any agreement, and structured settlement offers must be presented in writing with a full explanation to ensure the client understands the terms (Texas Civil Practice & Remedies Code, Chapter 139).
When to Consider Getting New Legal Representation
Sometimes, the best solution for settlement concerns is obtaining new legal representation. Certain situations warrant finding a different attorney to protect your interests.
Signs You May Need New Representation:
- Complete breakdown in attorney-client communication
- Fundamental disagreements about case strategy or settlement adequacy
- Ethical concerns about your lawyer’s conduct
- Failure to respond to reasonable requests for information
What New Lawyers Can Do:
Experienced personal injury attorneys can review your case and potentially help with:
- Evaluating whether your settlement was adequate
- Identifying potential claims against your former lawyer
- Determining if you have grounds to set aside the settlement
- Pursuing additional compensation if legally possible
Important Legal Considerations
Settlement releases in Texas are generally final and binding. However, certain circumstances may allow challenges:
- Fraud or misrepresentation during settlement negotiations
- Mistake of fact regarding material case aspects
- Lack of informed consent to settlement terms
- Attorney misconduct affecting the settlement
Work with our experienced Lubbock car accident lawyer to review your settlement and fight for the compensation you deserve.
How Keith & Lorfing Approaches Personal Injury Settlements
We believe in transparent communication and aggressive advocacy. Russell Lorfing’s prosecutorial background provides unique insight into building compelling cases that maximize settlements.
Our process includes comprehensive damage calculation, expert witness testimony, aggressive negotiation, and thorough trial preparation. We maintain regular client contact with updates on case progress, explanation of settlement offers, and complete transparency about fees and costs.
💼 Trial-readiness and transparency directly affect settlement size — insurers pay more when they believe your lawyer is willing and able to take a case to court.
Texas Personal Injury Settlement Statistics
| Settlement Factor | Impact on Recovery |
|---|---|
| Legal representation | Averages 3.5x higher settlements than unrepresented claims |
| Attorney experience | Trial-ready lawyers secure 40% higher settlements |
| Case preparation time | Thorough preparation increases settlements by 25-60% |
| Expert witness testimony | Can increase settlement value by 15-30% |
Source: Insurance Research Council and Texas Department of Insurance studies
Why Choose Our West Texas Personal Injury Lawyers
Experience and results matter when your financial future is at stake. Our team brings unique advantages to personal injury cases throughout West Texas.
| Our Advantages | Client Benefits |
|---|---|
| Over 500 jury trials | Insurance companies know we’ll fight in court |
| Former prosecutors | Understand how to build compelling cases |
| West Texas focus | Deep knowledge of local courts and juries |
| No fees unless we win | Aligned interests with our clients |
Our Track Record:
- Extensive trial experience throughout West Texas
- Deep knowledge of personal injury law
- Aggressive advocacy for injured clients
- Comprehensive case preparation for maximum results
Our Commitment:
We approach every personal injury case with the same dedication and thorough preparation that has made us successful throughout West Texas.
Understanding Settlement Concerns Through Legal Principles
When evaluating personal injury settlements, it’s important to understand how various factors can impact the adequacy of compensation. Texas courts recognize that injury victims deserve fair compensation for their losses.
Settlement evaluation factors commonly include:
- The severity and permanence of injuries sustained
- Impact on the victim’s ability to work and earn income
- The degree of fault attributed to each party involved
- Available insurance coverage and policy limits
- Strength of evidence supporting the victim’s claims
This framework helps determine whether a settlement adequately addresses all aspects of an injury victim’s losses and future needs.
💡 Adequacy isn’t just about numbers — courts assess fairness based on injuries, lost income, and available coverage. Clients should weigh all these factors before closing a case.
Protecting Your Rights in Personal Injury Cases
Knowledge is power when dealing with personal injury settlements. Knowing your rights helps ensure fair treatment throughout the process.
Your Rights as an Injury Victim:
- Right to full disclosure of all settlement offers received
- Right to participate in settlement decisions
- Right to understand fee structures and costs
- Right to adequate time to consider settlement offers
- Right to reject inadequate settlement offers
Red Flags to Watch For:
- Pressure to settle quickly without adequate explanation
- Refusal to provide settlement documentation
- Significant deductions not explained in advance
- Settlement amounts that seem disproportionately low
- An attorney who won’t discuss taking your case to trial
Settlement Documentation Checklist
Before accepting any settlement, ensure you have:
✅ Complete settlement breakdown showing all deductions
✅ Written explanation of how damages were calculated
✅ Documentation of all medical liens and their resolution
✅ Clear fee agreement explaining attorney costs
✅ Adequate time to review and consider the offer
✅ Answers to all questions about the settlement terms
✔️ Having written proof of every settlement component ensures transparency and creates a safety net if future disputes arise.
Contact Our Lubbock Texas Personal Injury Attorneys
Don’t let settlement concerns go unaddressed – your financial recovery may depend on taking prompt action.
We offer free, confidential consultations to evaluate your situation, an honest assessment of your settlement and options, and aggressive advocacy if legal action is warranted.
We’ll listen to your concerns, review your documentation, and give you straight answers about your options. Don’t let an inadequate settlement define your financial future.
Call us today at 706-914-2591 for a free consultation and take the first step toward protecting your financial recovery.
Frequently Asked Questions
Can I challenge a personal injury settlement in Texas?
Generally, settlements are final, but certain circumstances may allow challenges, including fraud, mistake, or lack of informed consent. Each situation requires individual evaluation by our experienced attorney.
How long do I have to raise concerns about my settlement?
Time limits vary depending on the specific issue. Some problems must be addressed immediately, while others may have longer deadlines. Contact our attorney promptly to protect your rights.
What percentage should my lawyer take from my settlement?
Texas allows contingency fees typically ranging from 33-40% depending on case complexity and when settlement occurs. The percentage should be clearly stated in your written fee agreement.
Can I get a second opinion about my settlement?
Absolutely. Getting another lawyer’s perspective on settlement adequacy is often wise, especially for serious injuries with long-term consequences.
What if I already signed the settlement release?
Signed releases are generally binding, but exceptions exist for fraud, misrepresentation, or attorney misconduct. Our attorney will evaluate whether you have grounds to challenge the settlement.
