Personal injury claims start when someone is injured in an accident. If you or a loved one were hurt due to another person’s negligence, you could be entitled to compensation through a personal injury lawsuit. In the aftermath of an accident, however, you will be filled with stress and uncertainty about what comes next.
It is important to know your rights after an accident – including the right to take legal action. A Texas personal injury lawsuit does not happen overnight. There are crucial steps involved from the date of the incident to the date of filing and beyond. It is essential to understand what you can do to file a personal injury lawsuit and how a Texas personal injury lawyer can help.
Get Medical Treatment for Your Injuries
Quick medical care is crucial after an accident. Even if you don’t think you’ve been seriously injured, you should still seek medical help from a healthcare provider. Some injuries, such as concussions or internal bleeding, might not become noticeable until hours or days after the accident.
Most importantly, getting to a doctor can make sure you are carefully examined and that your condition does not become worse due to lack of care. At the same time, going to the emergency room or urgent care clinic can start a paper trail documenting your injuries while showing that you took your injuries seriously. This becomes helpful when an insurance company or defense lawyer scrutinizes the actions you took immediately after an accident.
File an Insurance Claim
If someone else was at fault for your accident, you can file an insurance claim with the responsible individual’s insurance provider. When you do so, you’ll need to notify the insurance company that you seek to file a claim for injuries and damages.
When filing an insurance claim, you must remember that representatives and claims adjusters are trained to minimize payouts to claimants whenever they can. They will do this by asking leading questions and trying to get you on record with statements against your own interests.
For these reasons, it is unwise to pursue a claim on your own without some assistance – preferably from a personal injury lawyer with years of experience dealing with insurance companies.
Meet With a Personal Injury Lawyer
Why hire a personal injury lawyer? Even if you think your claim is straightforward, you will likely encounter unexpected hurdles along the way. A Dallas and Fort Worth personal injury law firm will have the knowledge and resources to guide you through the process – from the date of your accident to the final payout. A skilled lawyer will also be familiar with the tactics insurance companies will use to deny or devalue your claim and know how to counter their moves each step of the way.
Investigate the Accident
When you file an insurance claim, the insurance company will perform its own investigation of the accident. It is unwise to rely solely on their investigation, however. The insurer’s findings will most likely be geared toward a reduced payout or even a denial of your claim.
Hiring a lawyer will help you conduct your own investigation, which will include:
- Gathering evidence, including photos, videos, and physical evidence;
- Identifying the at-fault party;
- Identifying eyewitnesses to the accident;
- Documenting all damages, including medical treatment, lost wages, and property damage;
- Identifying applicable coverage provisions in an insurance policy;
- Calculating all damages, including those for pain and suffering;
- Utilizing expert witnesses when needed
Thorough investigation of your accident will not only boost your chances of a fair insurance settlement, but will lay the groundwork for a personal injury lawsuit when needed.
File Your Lawsuit
If the other party and their insurance company will not agree to a fair settlement in your claim, your next step is to file a personal injury lawsuit. What is the statute of limitations for a personal injury lawsuit in Texas? In general, plaintiffs have a two-year statute of limitations to sue in a personal injury case. Some exceptions apply, but most cases must be filed within two years of the accident’s date.
Your lawyer will prepare a case strategy with you, which will include when to file your lawsuit and what to include in your complaint.
Proceed With the Discovery Process
After the case is initiated and the defendant files their answer, the discovery process begins. Discovery in a personal injury case is the exchange of information and evidence between both sides. Discovery can include depositions, subpoenas, interrogatories (questions to the other side), requests for the production of documents or materials, and other requests for information.
This process allows both sides to evaluate the strength of their case compared to the other side’s case. Often, this can encourage the defendant to settle.
Take Your Personal Injury Case To Trial
Most personal injury cases will settle before going to trial. In fact, almost 95% of personal injury cases settle without the need for a jury trial. If settlement negotiations fail to produce an agreement that is acceptable to you and your lawyer, then a trial can become necessary.
In a trial, each side presents evidence through witness testimony and exhibits. Each side is also allowed to cross-examine witnesses called by the other party. During the trial, your lawyer will use all available evidence, including expert testimony, to explain how the accident happened, who was at fault, and why you deserve the financial compensation you demand.
In the end, a jury will be asked to determine liability based on a preponderance of the evidence – in other words, whether it was more likely than not that the Defendant was responsible. Once liability is proven, the jury will then consider monetary damages in your case, rendering a verdict on both liability and damages.
Contact a Dallas Personal Injury Lawyer Today
If you were hurt in an accident in the Dallas area, you could be entitled to compensation from the negligent party. To collect, you will need to follow several steps and build a strong personal injury claim. An experienced lawyer can help you do exactly that, and our dedicated legal team stands ready to help. Contact Anderson Injury Lawyers today to schedule your free consultation.