The Injury Claim Process in Texas

December 02, 2019

Step One: Medical Treatment & Recovery

After the accident has occurred, it’s important to seek immediate medical treatment for your injuries. It’s not only necessary for your overall safety and well-being, but it’s essential to document the nature of your injuries after the accident. If you do not seek immediate medical care, an insurance claims adjuster may try to argue that your injuries were not caused by that specific event.


Step Two: Choosing an Attorney

Do your research and find a personal injury lawyer whom you trust. When you consult with an attorney, he or she will assess if you have a viable injury case and will determine the best course of action. They will review your medical records and supporting evidence in order to evaluate how much compensation you should demand. An attorney can communicate on your behalf with insurance adjusters, negotiate settlements, and represent your best interests if a lawsuit is needed.


Step Three: Fact Finding

Once you have retained a personal injury attorney, they will need to gather and review all supporting documents related to your claim in order to assess the percentage of fault and a compensation amount request. The state of Texas uses fault percentage in its personal injury claims, which means that a judge considers the percentage for which you were responsible for the incident. As long as you are under 51% at fault, you are eligible for compensation. This stage may take several months as your attorney is gathering all documentation as well as evaluating whether you have a case with which to move forward.


Texas has a statute of limitations of two years from the date of the injury
following an accident for a personal injury claim.


Step Four: Settlement or Filing Suit

Once your attorney has all of the information for the case, he/she will notify the defendant of your claim and may attempt to reach a settlement agreement. In most cases, your attorney will try to negotiate an out-of-court settlement that would satisfy everyone’s needs. If your attorney advises that your case should be taken to court, the first thing your attorney will do is file a summons against the offender.


Step Five: The Discovery Process

This is when the attorneys for both sides bring forth all of the necessary facts and supporting documentation, which can last for months or years. As this phase draws to a close, the lawyers will begin discussions and negotiations to attempt to reach a settlement.


Step Six: Final Decision

If an acceptable settlement cannot be agreed upon at this point, you can opt for mediation and/or arbitration, which are other ways to reach an agreement without going to trial. If those options do not work, then the final stage is trial, in which a judge decides whether you win your case and how much compensation you will receive.


Posted by CLM Law Firm