In Texas, you can seek financial compensation from someone who hurt you by pursuing a lawsuit against them. A personal injury lawyer can file a lawsuit in civil court on your behalf. If the at-fault party won’t settle and your case goes to trial, a judge or jury will decide the outcome.
Of course, many additional steps are involved in the personal injury litigation process. An experienced Texas injury lawyer like the ones you’ll find at The Wilhite Law Firm can help you understand the system.
Steps in the Personal Injury Lawsuit Process
Most personal injury lawsuits involve the following steps:
Consult a Personal Injury Lawyer
You should start by talking to a Texas personal injury lawyer to learn more about your legal options for pursuing compensation through an insurance claim or lawsuit. Personal injury lawyers typically offer free initial consultations, so you can meet with multiple attorneys to find the right one before you hire them. Most personal injury firms also work on a contingency fee basis. That means you don’t have to pay any money upfront to hire them, and they only get paid if and when they recover compensation for you.
Investigate the Claim and Collect Evidence
Your lawyer can investigate your claim to uncover useful evidence to support your personal injury lawsuit. Critical evidence for your personal injury claim could include:
- Police accident reports
- Business incident reports
- Surveillance camera footage
- Accident scene photos
- Eyewitness statements
- Cell phone records
- Maintenance records
- Staffing records
- Expert testimony
Determine Who Was At Fault for the Accident
Using this evidence, your lawyer can also help you identify parties that could be liable for the losses you’ve suffered. These parties could include individuals or entities that caused an accident that injured you. There may also be other parties who are vicariously liable, such as the employer of someone who caused the accident.
Document Your Damages
Your personal injury lawyer can also help you calculate the past, ongoing, and future losses you might incur due to your injuries. Remember to include your future estimated losses when you file your claim. Once you get compensation through a settlement or court judgment, you can’t return to demand more money later – even if you incur additional expenses related to the same incident.
Prepare a Demand Letter
Your attorney can craft a persuasive demand letter on your behalf to send to liable parties and insurers. A demand letter lists:
- Your factual allegations against the responsible party
- The evidence you’ve found through investigation
- Your injuries and losses
- The specific dollar amount you demand in compensation
Write a Complaint Letter If There Is No Response
Although the demand letter is usually enough to notify liable parties of your claim, some parties refuse to negotiate a settlement. In that case, you might need to follow up with a complaint letter to warn parties that you plan to file a lawsuit.
File the Personal Injury Lawsuit
Filing a personal injury lawsuit requires submitting your complaint to the trial court and serving a copy of the complaint and court summons to the defendant. Like a demand letter, a complaint letter lists your allegations against the opposing party and requests relief from the court, typically in the form of financial compensation.
Settle Out-of-Court If Possible
Even if you cannot settle your injury claim through informal negotiations before filing suit, you can continue participating in settlement negotiations during litigation. In many cases, trial courts encourage parties to undergo mediation. This is a more formal negotiation process facilitated by a neutral third party who helps each side come to an agreement and suggests potential resolutions for a settlement.
Go to Trial If You Can’t Reach a Settlement
Your personal injury case could eventually go to trial if you can’t reach a fair settlement with the opposing party. In court, you present your evidence to a judge or jury. If the court finds the opposing side liable for your injuries and losses, it will order the defendant to pay you compensation accordingly.
Is There a Time Limit for Filing a Personal Injury Lawsuit in Texas?
Under Texas law, you typically have two years to file a personal injury lawsuit against someone liable for your losses. You could have even less time to file suit in certain circumstances, so you should talk to a Texas personal injury attorney as soon as possible to confirm the filing deadline. Filing a lawsuit after the deadline could result in the trial court dismissing your case, regardless of its underlying merits. When you work with an attorney soon after an unexpected injury, they can help you file your claim on time and avoid losing money to preventable mistakes.
What Types of Compensation Are Available in a Texas Personal Injury Lawsuit?
With a successful personal injury lawsuit in Texas, you could recover compensation for the following types of personal and financial losses:
- Costs of medical treatment and rehabilitation, including hospital care, surgeries, prescription medications, pain management care, and physical or occupational therapy
- Costs of long-term care for permanent disabilities, including home healthcare services, housekeeping services, and accessibility accommodations such as lifts or ramps
- Lost income from missed work or reduced earnings from working part-time or light-duty jobs
- Lost earning capacity and job benefits if your injuries leave you permanently unable to work
- Pain, suffering, and loss of quality of life due to permanent disability or disfigurement
Contact a Texas Personal Injury Lawyer
Were you hurt in Texas? Is someone else to blame? Then get the legal help you need to pursue the compensation you deserve. Contact The Wilhite Law Firm today for a free consultation to discuss your options with a knowledgeable injury lawyer and find out how our firm can help you stand up for your rights.
