What Are the Steps of A Texas Personal Injury Claim?

Personal injury claims are complex legal procedures that require a lot of effort, time, and patience. If you’ve been injured due to someone else's negligence or recklessness, you have the right to file a personal injury claim to recover compensation for your damages. However, navigating the personal injury claim process can be difficult without legal representation. To help you better understand what to expect when filing a personal injury claim in Texas, we’ve outlined the steps below.

Step 1: Seek Medical Treatment

The first step in any personal injury claim is to seek medical treatment for your injuries. Not only is this important for your own health and well-being, but it’s also important for establishing a record of your injuries. Make sure to follow your doctor’s orders and keep track of all medical bills and records related to your treatment.

Step 2: Contact a Personal Injury Lawyer

The next step is to contact an experienced personal injury lawyer in Texas. Your lawyer will help you determine if you have a valid personal injury claim and will guide you through the legal process. During your initial consultation, your lawyer will review your case, answer your questions, and help you understand your legal options.

Step 3: Investigation and Evidence Collection

After you hire a personal injury lawyer, they will start an investigation into your case. This may involve collecting evidence such as medical records, police reports, witness statements, and other documentation that will support your claim. Your lawyer may also hire experts to help strengthen your case.

Step 4: Demand Letter

Once your lawyer has gathered all of the necessary evidence, they will prepare a demand letter to send to the at-fault party’s insurance company. The demand letter will outline the details of your case, including the nature and extent of your injuries, the medical treatment you’ve received, and the financial damages you’ve suffered.

Step 5: Negotiations

After the insurance company receives your demand letter, they may respond with a counteroffer. Your lawyer will then negotiate with the insurance company on your behalf to try and reach a fair settlement. It’s important to remember that negotiations can take some time and may involve several rounds of back-and-forth discussions.

Step 6: Lawsuit Filing

If the insurance company is unwilling to offer a fair settlement, your lawyer may recommend that you file a personal injury lawsuit. In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. Your lawyer will help you prepare the necessary legal documents and will represent you in court.

Step 7: Discovery

After a lawsuit is filed, both sides will engage in a process called discovery. This involves exchanging information and evidence that each side has in their possession. This process may involve written requests for documents, depositions, and other forms of evidence gathering.

Step 8: Mediation or Trial

Once the discovery process is complete, the parties may agree to mediation. During mediation, a neutral third party will help the parties try to reach a settlement. If a settlement is not reached, the case will proceed to trial. At trial, a judge or jury will hear the evidence and make a decision on the outcome of the case.

Step 9: Settlement or Judgment

If the case is settled or the judge or jury renders a verdict in your favor, you will receive a settlement or judgment award. Your lawyer will help you understand the details of the settlement or judgment, and will help you collect any money owed to you.

In conclusion, the personal injury claim process can be complicated, but an experienced personal injury lawyer can guide you through each step. If you’ve been injured due to someone else’s negligence or recklessness, don’t hesitate to contact a personal injury lawyer today to discuss your legal options.