A personal injury occurs when someone suffers a bodily injury or endures some type of mental or emotional injury caused by another entity. Personal injury plaintiffs may seek compensation in the form of economic and noneconomic damages.
If you suffered a personal injury as a result of the negligence of another party, contact an experienced attorney
to discuss your options. A Sugar Land personal injury lawyer could review your case and inform you of your eligibility for compensation. Call not to get started on your case.
Negotiating with Insurance Companies
Many personal injury cases involve insurance companies in one form or another. It is common for the defendant in a personal injury case to have some type of insurance that covers them for the underlying relief sought, such as auto insurance or general liability insurance. How a negotiation plays out could have substantial impacts on the outcome of a personal injury case. In recent years, insurance companies try to settle quickly with accident victims before they seek legal advice on their options and typically mislead these victims about covering all of the medical bills.
A claims adjuster is usually the first line of defense against an injured party seeking compensation from the defendant’s insurance company. They investigate the facts of the claim and assess whether the damages are covered under the policy. Customarily, claims adjusters also negotiate with a claimant regarding a settlement. Settlement negotiations could be handled over the phone or in person. Having a personal injury attorney in Sugar Land who could help negotiate with an insurance company regarding a settlement could be very beneficial.
As claims adjusters have many resources, legal and otherwise, at their disposal, claimants are often at a disadvantage. They are experienced and deal with personal injury claimants in their day to day job. An attorney representing a claimant in a potential personal injury case from the outset could help create balance and move things along. The first step that an attorney might take in the negotiation would be to send a demand letter to the insurance adjuster. The demand letter sets forth the facts of the case, any medical treatment that the plaintiff has undergone until that point in time, and the demand for a specific payment of damages to settle the claim out of court. If the insurance company accepts the demand letter, the case could end there. However, if no settlement is reached, the case could go to trial.
Filing a Personal Injury Lawsuit in Sugar Land
Filing a lawsuit is not always straightforward. It could be complicated, and in some cases, a long-term process. The first step, in any case, is to assess whether the statute of limitations has run. In Texas, the statute of limitations for personal injury claims is two years under Texas Civil Practice & Remedies Code §16.003
. This means that if a plaintiff tries to file their case two years after their injury, they are barred from bringing a lawsuit in court.
After a Sugar Land personal injury lawyer determines the statute of limitations, they would initiate the pleadings phase by filing a summons and complaint, alleging the facts of the case. Both parties would then assert their claims. If the case makes it passed the pleadings phase, it goes to discovery, where each party develops their case for trial. If the case makes it through discovery, it goes to trial, very few cases ever do. At trial, the jury renders a decision, which could be appealed by either party.
Ways That a Sugar Land Personal Injury Attorney Could Help
Seeking personal injury relief could be challenging. There are procedures and concepts at play that could be overwhelming to take on without professional legal assistance.
A Sugar Land personal injury lawyer could provide guidance and support for your personal injury case. They could be there from start to finish. They could help negotiate with the insurance companies and take on your case at trial. To get started on a case, call now and schedule a free initial consultation.