The personal injury claim process usually begins with the negligence of another party causing an accident, resulting in serious injury or wrongful death. Personal injuries happen in all sorts of circumstances. When these injuries occur, the victims can pursue compensation through filing a personal injury lawsuit. In this article, we will explain the personal injury claim process and the steps you can anticipate taking as the case progresses.
Steps in a Texas Personal Injury Lawsuit
Typically, the steps for pursuing a personal injury lawsuit are as follows:
1. Initial Consultation with a Personal Injury Lawyer
You can meet with our experienced personal injury lawyers for a free consultation and confidential review of your case. At your consultation, you will outline what happened so that we can determine how the law applies to your specific case.
We will explain how our attorney’s fee work so you will have no surprises as we proceed. Nothing will come out of your pocket. We are only paid if you are.
Personal Injury Statute of Limitation
In the state of Texas, there is a specific timeframe known as the statute of limitations, which allows individuals to file injury claims within a period of two years. This legal deadline, begins to run on the date of the incident, with some exceptions. This is an important reason to speak to a personal injury attorney as soon as possible. After the deadline passes you can no longer pursue compensation for your injuries. The more time your lawyers have to begin the investigation, the stronger your case.
2. Investigation of Your Personal Injury Claim
The next phase you can expect is the investigation of your case. We must collect evidence that will prove your case. This evidence might be any or all of the following:
- Witness testimony
- Photos and videos
- Police Reports
- Videos from traffic or security cameras
- Medical records
- Medical bills
- Financial records, including medical costs and the cost of replacements or repairs of vehicles or other property damaged in the accident
After an accident, it is important to gather as much evidence as possible. This includes photos of the scene, the contact information of those involved and witnesses, photos of injuries and property damage, and any other details that might be pertinent.
3. Assembling a Demand Letter
After the medical treatment has been administered and following the investigation, your personal injury attorney will assemble a demand letter. This will “demand” the amount of damages you are seeking along with an itemized list of costs such as medical expenses, lost income, and other personal injury damages the injured party is entitled to.
This will be offered to the insurance company and / or the corporation responsible for the accident to begin settlement negotiations. The liable parties will look over the demands and try to negotiate a settlement. Having a strong negotiator on your side will be extremely helpful during this portion of the process.
4. Litigation
The Discovery Process
If, for any reason, a case is not settled during the negotiation phase, then the injured party may file a personal injury lawsuit. This means that written discovery such as interrogatories from opposing counsel, must be answered, as well as depositions will be taken. You will need to be involved in this phase, more so than the negotiation phase.
After both sides have exchanged discovery and have finished with depositions, the next stage is a mediation session. This gives each side the chance to present their case before a neutral mediator as a last-ditch attempt to find a settlement offer without going to trial.
Going to Trial
If negotiations are not effective and mediation does not produce a settlement, the next step is going to trial. If you must go to court to fight for what you are entitled to receive, you want a skilled trial lawyer with Dax F. Garza, P.C. by your side. We will fight for the maximum financial compensation you deserve and will protect your rights throughout the entirety of the process.
If you or a loved one was hurt in a Texas personal injury accident, you will benefit from the experience and skills of a personal injury lawyer with Dax F. Garza, P.C. Contact us today to learn more about filing an injury claim. We are ready to help you every step of the way.
