The personal injury claim process can be summed up in eight steps.
In it, we will discuss the details of your case and what your options are.
We will begin collecting statements from anyone involved or any witnesses, accident reports, and expert testimony.
We will assess physical injuries, property damage, or loss of wages to help determine an appropriate settlement.
If your case is determined to be valid, we then proceed to submit the appropriate filings and paperwork to the court in order to file the suit.
This is when attorneys for both sides exchange their notes on the case to prepare a defense.
Once the discovery portion is over, mediation allows both sides another opportunity to come to a settlement.
Assuming the mediation process goes well, there will be a settlement at this time. If it doesn’t go well, then you will be heading off to trial.
If the judge or jury rules in your favor, they will also decide how much compensation you are entitled to.
The first thing you should do following an accident or injury is call the police or 911. If you are able to, gather as much evidence as you can to help support your case. Then, even if you do not think your injuries require medical attention, seek medical attention as soon as possible and have the medical professionals who attend to you document everything. All of this will come in handy should legal action be necessary.
It might take weeks to settle in simple cases where liability is evident. It could take two to three years to resolve more complex cases. The best way to estimate how long your personal injury case might take to settle is by consulting with an experienced personal injury lawyer. They can make a fair estimate by factoring in the severity of your injury, wage losses, property damage, and more.
Whether your case goes to trial or not is entirely dependent on whether the parties responsible and their insurance company are willing to take responsibility and compensate you with a fair settlement. While most cases tend to settle out of court, there is a rare case that will have to go to trial for the victims to get what they are entitled to.
In order to accurately estimate your case’s worth, you need to assess the damages suffered during the accident or injury. These damages can fall into three categories:
This can include medical bills, lost wages, future medical treatment, reduced earning capacity, and physical property damage.
This can look like pain and suffering, lowered quality of life, loss of spouse or partner, and emotional distress.
It is uncommon but punitive damages have been known to be awarded to further punish negligent parties who are guilty of particularly heinous, careless, or egregious acts.
In Texas, we have a comparative negligence law that entitles those less than 51% at fault for the accident to seek compensation. If you are more than 51% responsible, then the other parties involved may choose to seek compensation from you.
This is why collecting as much evidence from the accident scene as possible is essential. It will come in handy when establishing your level of fault and what damages you are entitled to or responsible for.
Each case is different, with its own unique factors that will impact the complexity of the case. A straightforward case with little doubt as to fault and negligence will move quicker and smoother than a case where fault is being debated. Doing your due diligence in the aftermath of an accident or injury by documenting everything and collecting evidence to support your argument will help your case along quicker.
Another way to help your case along is to seek medical attention; even if you do not think your injuries are severe enough, injuries have a funny way of morphing into something different once the shock of the accident has worn off. Seek medical attention and have everything documented by your medical practitioner.
The statute of limitations is a legal deadline that establishes how long someone has to file a lawsuit. In this case, the statute of limitations on a personal injury case is two years. You have two years from the date of the accident or injury to take legal action against any negligent parties. Otherwise, you forfeit the right to seek compensation.
This is important to note with long-term injuries that you may be dealing with for longer than two years. Seek medical attention as soon as you can. You will want to document the severity of your injury, any medical care you have received so far, and any medical care, treatment, or therapies you will require in the future.
With any personal injury lawyer, you can expect to manage the appropriate paperwork and filings, advocate on your behalf, and advise you on your case. When working with me, you can expect:
Most Texas law firms operate on a contingency-based fee program meaning that they take a percentage, typically between 20-40%, of your total awarded damages as a fee for their services. However, contingency fees are not the only thing you should be prepared for when entering a personal injury lawsuit. Some additional fees you can expect are:
All of these fees will need to be paid from your damages award, so you must keep them in mind from the beginning when you are assessing a potential settlement amount.
There are numerous ways an attorney can help In a personal injury lawsuit. In addition to managing the necessary paperwork and legal filings associated with your case, a skilled attorney can:
The personal injury claims process is as follows:
There are many different factors that will impact your settlement, from the type of accident or injury to the medical care that will be required and whether there was any property damage.
On average, an auto liability claim in Texas for property damage is approximately $3,200, with bodily injury at roughly $15,400. To get a better idea of what your settlement could look like, schedule your free consultation today.
There are a few actions you can take in the event of an accident or injury to ensure your personal injury claim goes your way.
No, it does not. It is important to note that medical bills are part of a general economic, personal injury claim, not pain, and suffering.
Typically pain and suffering are awarded as two to five times the amount of economic damages suffered. For instance, if you had $10,000 worth of medical bills, the insurance company might try to offer you $5,000 to $10,000 in pain and suffering, which is only ½ to one times the amount of your medical bills. A Texas court would typically award $20,000 to $50,000 in pain and suffering, depending on the severity of your injuries.
Most commonly used in civil cases, personal injury refers to any damages sustained as a result of an accident or wrongful death due to someone else’s negligence. This includes economical, non-economical, and punitive damages.
In Texas, five types of cases can fall under the personal injury umbrella. They are:
The average payout for whiplash in Texas is between $10,000 and $20,000.
Two types of civil litigation can take place.
While you can file both a contested and an uncontested civil lawsuit without a lawyer, you may want to reconsider going it alone. If you are litigating a straightforward, simple uncontested suit, then it might not be necessary to hire a lawyer. However, contested litigation will require substantial knowledge of the law, trial strategy, and the ways in which the law applies to the facts of your case. Not to mention the endless paperwork and legal filings that you’ll need to navigate. Few people can do that without the help of a skilled and knowledgeable attorney.
