If you’ve been injured in Texas due to someone else’s negligence, you might be considering a personal injury claim.
Pursuing compensation in Texas can seem complicated, but a clear understanding of the process can help alleviate some stress.
Here’s a step-by-step guide on what to expect during your Texas personal injury claim.
Article Contents
Initial Legal Consultation
The first step after seeking medical attention should be to consult with a personal injury attorney.
Many attorneys offer free initial consultations to discuss the facts of your case, determine if you have a valid claim, and discuss the possible outcomes.
According to FVF Law in Austin, this meeting is an opportunity to ask questions and to understand the attorney’s experience and approach.
Understand Texas Law
Texas law establishes a two-year statute of limitations for personal injury claims, starting from the date of injury.
Moreover, Texas follows a “modified comparative fault” rule, meaning if you’re more than 51% responsible for the accident, you may be ineligible to collect awarded damages.
Investigation And Evidence Gathering
Your attorney will initiate a thorough investigation into your accident to gather all necessary evidence.
This typically involves obtaining police reports, medical records, witness statements, employment records, and any available footage or photographs of the incident scene. This stage is crucial for building a strong foundation for your case.
Treatment and Documentation Of Injuries
You’ll need to continue receiving any necessary medical treatment for your injuries.
Throughout your recovery, document everything related to your injury, including doctor visits, treatments, medications, and how the injury affects your daily life. These records will be key in calculating damages later in the process.
Filing A Personal Injury Lawsuit In Texas
If a settlement can’t be agreed upon, your attorney will prepare to file a lawsuit in the appropriate Texas court.
This step raises the stakes for the insurance company, which now has to consider the possibility of paying even more than the original claim after litigation costs.
1. Filing The Claim
Your attorney may initially file a claim with the relevant insurance company. This starts with an insurance adjuster evaluating the claim.
It’s important not to give any statements or sign any documents without your attorney’s guidance, as this could jeopardize your case.
2. The Demand Letter
Once your attorney has a clear picture of the extent of your damages and the negligence involved, they will send a demand letter to the insurance company or responsible party.
This letter details the accident, your injuries, and your claim for compensation.
3. Negotiation With Insurance Companies
The insurance company will either accept the demand, reject it, or most likely, respond with a lower offer, starting the negotiation process.
Your lawyer will advocate on your behalf to reach a fair settlement. If negotiations are successful, you may agree to a settlement outside of court.
4. Pre-Trial Proceedings And Discovery
After filing a lawsuit, the discovery phase begins where both sides exchange evidence, which could include documents, depositions, and interrogatories.
This process can be extensive and drawn out, depending on the complexity of the case.
5. Mediation And Further Negotiation
Before a case goes to trial in Texas, there may be a mediation process—a chance to settle the case with the help of a neutral third-party mediator.
If the mediation doesn’t result in a settlement, your case proceeds toward trial.
6. The Trial
Should negotiations and mediation not resolve your claim, your case will go to trial in a Texas court.
Trials can be unpredictable and can take days, weeks, or longer. The final decision will be in the hands of a judge or jury.
7. Settlement Or Court Judgment
If the trial or any time before that results in your favor, or if a settlement is reached, your attorney will facilitate the collection of the settlement or judgment amount. This could be provided as a lump sum or in structured payments.
8. Post-Trial Motions and Appeals
Keep in mind that even after a verdict, there may be post-trial motions or appeals, which can extend the timeframe before you receive any compensation.
However, these steps are not always taken and sometimes may serve as another opportunity to negotiate a settlement.
Collecting Your Compensation
Once a settlement is agreed upon or a judgment is entered in your favor, steps will be taken to collect the compensation owed. This may involve setting up structured payments or a lump-sum settlement.
Throughout your Texas personal injury claim, patience and communication with your attorney are paramount.
With their expertise, you can navigate the legal system effectively and increase your chances of securing the compensation you deserve for your injuries and suffering.
Remember, each case is unique, and while these steps offer a general blueprint, the exact process may vary based on the specifics of your situation.
