A Texas personal injury claim comes from an accident or injury caused by another person’s negligence. It is the main way victims can seek compensation for medical bills and other losses.
The personal injury claim process can feel overwhelming if you do not know what to expect. Understanding each step can help you make informed decisions.
Most claims move through the same stages, whether they settle or go to trial. We’ll cover all the steps next.
Step 1: Getting Medical Treatment and Documentation
Your medical records are a key part of your claim’s value. From the emergency room visit to follow-up appointments and physical therapy, each treatment creates a record that shows the extent of your injuries.
Gaps in treatment can give the insurance company a reason to argue that your injuries were minor or not caused by the crash.
Keep your medical records, bills, and a clear record of your treatment. These documents support the compensation you seek. You should also follow your doctor’s treatment plan and instructions.
If you need ongoing medical treatment, your personal injury attorney and medical experts can create an estimate of medical expenses you will need going forward.
Step 2: Investigation and Evidence
A strong claim needs good evidence collected early. If you were involved in a car accident this starts with the officer’s CR-3 crash report1, which is required under Texas Transportation Code § 550.0622 Your attorney may also collect photos of the crash scene and vehicles, video or dashcam footage, witness statements, and proof of lost income.
Saving this evidence early can make it harder for the insurance company to argue about what happened. Speaking with a personal injury lawyer can help determine which pieces of evidence you need to build a strong case against the negligent party.
Step 3: Notice to the Insurers
Once your claim is ready, the insurance companies must be notified. You will report the claim to the at-fault driver’s insurance company and your own insurance company, if you have coverage like PIP, MedPay, or uninsured/underinsured motorist protection.
Giving proper notice helps protect your right to recover compensation and keeps the process moving.
Step 4: Demand and Negotiation
After you finish medical treatment or your condition becomes stable, your lawyer will send a demand letter to the insurance company. This letter explains who was at fault and the losses you suffered.
The demand will include costs like medical bills, future care, lost wages, and lost earning ability. It will also include non-financial losses like pain, suffering, emotional distress, and changes to your quality of life.
The insurance company will usually respond with an offer. Your attorney will negotiate and work to get a fair amount for your claim.
What if My Claim is Denied?
If the insurance company denies fault or offers too little, you may need to file a personal injury lawsuit to seek full compensation. A lawsuit includes steps like gathering evidence, depositions, hearings, choosing a jury, and trial.
Many cases are settled before going to trial.
Step 5: 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.
Navigating the Texas personal injury claim process can be complicated, especially when you’re trying to heal. You don’t have to go through it alone. Our legal team will handle every step. From gathering evidence and dealing with insurance adjusters to filing a lawsuit if needed, so you can focus on your recovery.
The statute of limitations for a personal injury lawsuit is only two years in Texas. The sooner you contact an attorney, the more time they will have to investigate your claim and build a strong case.
Contact us today for a free, no-obligation consultation. Let us review your case, answer your questions, and help you move forward with confidence.
Sources:
1 https://www.txdot.gov/data-maps/crash-reports-records.html
2 https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm#550.062
