What to Expect in a Personal Injury Lawsuit in TexasMay 15, 2018
Knowing what to anticipate in a personal injury claim can be helpful to assuaging concerns about the process while helping victims take the right steps to protect and advance their claims. Although the details and circumstances associated with a given case can impact the process of resolving it, in general, the following is the process associated with resolving personal injury cases in Texas.
While this information is generally helpful, don’t hesitate to contact the Amaro Law Firm for a free, no obligations consultation and important answers about a potential case. This one step can be the key to protecting your rights, your case and your recovery.
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How Personal Injury Cases in Texas Work: An Overview of the Process
- Evidence to support the case is gathered – This will include all evidence necessary to proving liability and the damages. Some examples of this evidence can include accident-scene photos, accident reports, witness statements, doctors’ reports and bill and documents showing lost earnings.
- A claim is filed with the at-fault party’s insurance company – Before, while or after compiling claim-related evidence, a claim should be submitted to the insurance provider for the at-fault party. When the claim is filed, the insurer will ask for the facts and, possibly, an “official” (or recorded) statement. Only report the facts, do not admit fault and avoid providing a recorded statement if you are not prepared to do so. What you say to the insurer at any point while or after filing a claim may be used against you and your claim later.
- A demand letter may be sent to the insurer – Once a claim has been filed, a demand letter can be sent to the insurance company to officially affirm liability, detail the damages and request a specific amount of compensation. These demand letters, when backed by strong evidence, can lead to settlement negotiations and potentially early, favorable resolutions. Even if a demand letter does not result in a settlement, however, it can serve as a good overview of the case that may need to be prepared for trial.
- Settlement negotiations occur – Insurers are commonly focused on minimizing payouts for claims. That can mean that initial settlement offers fall far short of full compensating victims for their claims. Consequently, whenever an insurance company offers a settlement on your claim, talk to a lawyer before accepting (or denying) it to determine if it is reasonable and adequate. Also, do NOT cash any checks the insurance company sends you, as that can be an implicit acceptance of a settlement offer and result in the closure of your claim.
- If no settlement can be worked out, the case proceeds to trial – When this occurs, there may be pre-trial hearings and discovery (the evidence-gathering process) prior to the trial. The trial will then involve both sides presenting opening statements, their arguments and evidence and then closing statements to the court, with a jury rendering the final decision.
Given that it can take weeks, if not months, to assemble and then resolve a claim, it’s crucial to work with an experienced attorney who can help you successfully navigate the process.
Find Out More about a Potential Claim: Contact a Houston Personal Injury Attorney at the Amaro Law Firm
If you or a loved one has been hurt by the negligent or reckless actions of another party, contact an experienced Houston personal injury attorney at the Amaro Law Firm for essential insights regarding your potential claim and recovery options.
Call (713) 352-7975, text (281) 612-8024 or email our firm for a free, no obligations consultation.
With the Amaro Law Firm on your side, you can count on having extraordinary advocacy while we work relentlessly to help you achieve the best outcome possible. While money may never erase the permanent damage caused by others’ negligence, the financial recoveries from personal injury cases can be integral to restoring lives.