How Texas Personal Injury Lawsuits Work

Personal injury cases can feel overwhelming, especially when you’re facing catastrophic injuries and a complex legal system. From the initial investigation to the resolution, each step can play a critical role in advancing the process toward a just outcome. By understanding this process, you can move forward with greater confidence, realistic expectations, and a stronger idea of how to protect your rights at every stage. To that end, here’s an in-depth look at how a Texas personal injury lawsuit works, with details walking you through:

• Step 1: Initial Case Review
• Step 2: Comprehensive Investigation
• Step 3: Making Your Claim Official
• Step 4: Discovery and Depositions
• Step 5: Pretrial Motions and Conferences
• Step 6: Trial
• Step 7: Post-Trial Proceedings and Appeals
• Navigating the Personal Injury Journey

To explore more personal injury matters, check out our Guides on the Statute of Limitations for Personal Injury Cases in Texas and Settlement vs. Trial: Which Is Better for Your Texas Injury Case?.

Step 1: Initial Case Review

No matter what type of accident and injuries are involved, every personal injury case begins with a key decision – whether to reach out to a trusted personal injury attorney and, if so, which attorney to retain. As you consult with different attorneys, you’ll share the key facts about your potential claim, including (but not necessarily limited to):

• What happened
• Where and when the injury-causing incident occurred
• Who was involved
• Any potential evidence you have

The more specific you can be upfront with details like dates, names, and medical treatments, the better. That’s because more details can help a lawyer provide more salient information and answers regarding your case. At that point:

• The attorney will determine if your claim has merit and if (s)he is available to represent you in the matter.
• You have the chance to decide whether or not to hire a particular personal injury lawyer.
• If a law firm declines to take your case, it could be due to various reasons, like the statute of limitations, current caseloads, or the viability of the potential claim.
• If one attorney declines your case, another may not. So, it can be beneficial to consult with more than one law firm.

Once you retain an attorney, (s)he will start gathering case information, including medical documents, police reports, and any other crucial evidence.

Step 2: Comprehensive Investigation

Following the initial intake and record collection, your personal injury attorney will typically kick off a thorough investigation. This may entail:

• Revisiting the scene of the accident to look for any additional evidence
• Interviewing witnesses
• Consulting with experts
• Analyzing photographs, videos, and/or digital evidence
• Collecting other documentation

This step of a personal injury case can take several months or longer, particularly with complex circumstances, like those involving catastrophic injuries or disputed liability. Though time-consuming, these investigations can be pivotal to crystallizing the facts out of the gate to minimize the risk of surprises or problems later.

Step 3: Making Your Claim Official

Depending on your situation, the next step can vary and may include:

• Filing a complaint: Most personal injury lawsuits formally begin when the complaint is filed with a Texas court, officially starting the litigation process.
• Sending a Demand Letter: In some cases, a detailed letter outlining your claims and damages may be sent to the insurance company first, opening the door for negotiations and early settlement talks.
• Pursuing an administrative claim: If your case is against a government entity, Texas law requires you to engage in an administrative claim process before filing a lawsuit.

Please be aware that personal injury settlement negotiations can happen at any stage in a case, even:

• Before a lawsuit has been formally filed
• After a trial starts.

Step 4: Discovery & Depositions

Once a complaint has been filed, the defense must be officially served and given time to respond. This sets the stage for discovery, in which both sides:

• Exchange key information, documents, and evidence.
• Answer written questions under oath (interrogatories).

Another crucial part of discovery is depositions, which refer to sworn out-of-court testimony recorded by a court reporter and sometimes on video. Preparing for depositions is vital because:

• This testimony can be leveraged in negotiations and trial later.
• Depositions can influence the outcome of a case.
• Experienced personal injury attorneys will work closely with their clients to ensure plaintiffs are prepared to:
• Give clear, accurate, and persuasive testimony when they are deposed.
• Answer tough, trickier questions while remaining calm.

Step 5: Pretrial Motions & Conferences

As the trial date approaches, both sides may file motions asking the judge to rule on certain legal issues or specific evidence pertaining to the case. Motions can be requests to:

• Exclude certain evidence.
• Issue protective orders if there are allegations of harassment.
• Amend a complaint to add more defendants or update the allegations.
• Postpone the proceedings if there are scheduling conflicts, illness, or another valid reason.
• Compel discovery if one side is allegedly refusing to hand over certain evidence in the discovery process.
• Order sanctions if there’s reason to believe one party is destroying evidence or otherwise acting in bad faith.
• Dismiss the case entirely – Known as a motion for summary judgment, this can be filed by the defense early on to try to shut the door on a claim ASAP.
• Issue a default judgment if the defense has failed to respond to the complaint by the required deadlines.

Texas judges typically hold pretrial conferences to streamline the proceedings, resolve disputes, and encourage settlement discussions, if appropriate. If multiple motions are filed before trial, the trial date may be postponed until the matters associated with these motions have been resolved.

Step 6: Trial

Most personal injury cases in Texas (and across the U. S.) are resolved out of court before trial. When that is not possible, the claim will proceed to trial. In most cases, personal injury trials in Texas are jury trials. With that, there will be:

• Jury selection, in which potential jurors are questioned to ensure impartiality
• Opening statements, during which the plaintiff and the defense each get an opportunity to outline their case
• A presentation of evidence, which can include witness testimony, documents, and exhibits, as well as cross-examination by the opposing side
• Closing arguments, summarizing the evidence and main arguments of each side’s case
• Juryinstructions and deliberations, during which the judge explains the law to the jury, who then privately consider the facts and evidence in order to return a verdict.

Please be aware that civil cases, like personal injury claims, do not have the same “burden of proof” as criminal cases. Specifically, the burden of proof for personal injury cases is a preponderance of the evidence, meaning it’s more likely than not that the plaintiff’s claims are true.

Step 7: Post-Trial Proceedings and Appeals

The jury will issue a verdict that could be in favor of the plaintiff or the defense. If the jury rules for the plaintiff, they may also award that party a judgment, covering compensatory damages and, in rare cases, punitive damages. While the verdict may end the trial, it is not always the final word when it comes to a personal injury case. Either side can file post-trial motions or an appeal. With appeals, there will need to be grounds, legal errors, or oversights, rather than simple re-hashing of witnesses and evidence already presented. If a plaintiff or defendant files an appeal, the appellate court will review the request, issuing a decision that does one of the following:

1. Affirms the original verdict
2. Reverses the original verdict
3. Remits the case for a new trial.

There is limited time to appeal personal injury verdicts in Texas, and simply filing the appeal does not negate the original verdict.

Navigating the Personal Injury Journey

Knowing how a personal injury lawsuit works can help you prepare and remain informed throughout the process. That can be invaluable when it comes to setting expectations, moving forward with greater peace of mind, and doing what it takes to maximize your chances of a fair, just outcome. If you have questions about a potential claim or how to start a case in Texas, contact an experienced personal injury attorney for more answers in a confidential, no-obligation consultation.