Crashes can happen anytime and anywhere when you are riding in a vehicle. You could be on your commute to work, running errands, or just going for a quick visit to the local grocery store. Maybe you are hanging out with friends or family or spending time on special hobbies. You could even just be on vacation or in the process of visiting your family members.
At one moment, you are just living your life as normal, and the next you find yourself suffering a severe personal injury that can potentially undermine both your health and financial stability.
Your injuries may mean that you require ongoing medical treatment. Your ability to return to work and support your loved ones as you once could be impacted.
At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, our team of Texas personal injury attorneys understands the serious consequences that accidents and their resulting injuries can have on almost every aspect of your life. We also know that these “accidents” are not usually accidents but instead the result of someone else’s reckless or negligent behavior.
By pursuing a personal injury claim, you may be able to recover lost compensation for your medical costs, as well as for your lost income and pain and suffering.
You may be wondering: how exactly does a personal injury lawsuit work in the state of Texas?
This article will discuss some essential information on Houston personal injury lawsuits and how our team of attorneys can help guide you through the legal process.
Starting Your Personal Injury Lawsuit
The first step in filing a personal injury lawsuit is scheduling a free consultation with our qualified attorneys. At your first meeting, your Texas personal injury attorney will get the details regarding your injury and circumstances of your accident.
We will also offer recommendations on the best way to proceed in your case and provide an estimate as to the kinds of compensation you will be entitled to.
Depending on the circumstances of your case, you could be eligible to obtain the following damages under Texas law:
- Economic Damages. These damages are intended to compensate you financially for the actual losses you sustained due to your injuries. These damages can include medical and hospital costs, lost income, and property damage.
- Non-Economic Damages. These damages are meant to compensate you for pain and suffering, mental anguish, scarring, and disfigurement.
- Exemplary Damages. These damages are intended to punish the liable party for particularly reckless or negligent conduct. These damages are also commonly referred to as punitive damages.
After you agree to work with an attorney, he or she will start collecting evidence. Our team of experienced personal injury lawyers in Texas will work tirelessly behind the scenes to determine who is responsible for the accident and who can be held accountable for the resulting damages. Your attorney will:
- Take your statement and the statements of any witnesses to your accident
- Gather medical records and any police or incident reports
- Consult with experts to determine the causes of your injury and your course of recovery
This evidence will be crucial in pursuing your deserved compensation. It will form the basis for all litigation and settlement negotiations, as well.
Filing Your Personal Injury Claim
We usually contact the parties liable for the crash and file a claim with their insurance provider. Depending on the circumstances of your case, we may be able to negotiate a settlement with the insurer based on evidence collected and any investigation conducted by our legal team.
It is crucial to consult with a qualified personal injury attorney before making any statements to an insurance provider and before accepting any settlement offer.
Under the Texas Insurance Code, insurers are prevented from engaging in bad faith practices. However, insurance providers are a business, and just like any other business, their ultimate goal is to make a profit. One way they achieve this is by denying or undervaluing claims.
When dealing with the insurance provider on your own, the insurance adjuster may use your statements against you to deny your claim or try to get you to settle for much less than what your claim is worth.
Our team of attorneys has the legal training and experience you need when negotiating with the insurance company. We will take over the negotiation process and protect your right to full compensation.
Filing a Personal Injury Lawsuit in Texas
If the insurance provider for the at-fault party fails to provide a reasonable settlement offer, it could be necessary to pursue a personal injury suit.
You have two years to file a legal claim against an at-fault party under Texas law, known as the statute of limitations. This period is used to seek a pre-lawsuit settlement and to file the proper documents in state or federal court, if necessary.
In addition to filing your case, your personal injury attorney will:
- File a Complaint in Court. You will be assigned the title of plaintiff. The at-fault party will be labeled the defendant.
- Serve Your Complaint. The complaint has to be served to the other parties involved, including a summons to appear for a scheduled court date.
- File Pre-Trial Motions. These motions can seek court orders that compel discovery of evidence, such as obtaining documents and witness statements. Often, a motion for summary judgement is filed that seeks a resolution to the case without the need to appear before a jury.
- Attend Pre-Trial Hearings. The defendant will make an initial settlement offer instead of having the case proceed to trial. Our team of Houston personal injury lawyers will review any offers with you in-depth and provide recommendations on if the offer is fair and reasonable.
- Presenting Your Case in Court. Our legal team is composed of experienced trial lawyers who will create a highly prepared, professional care and present it to the jury, seeking a fair judgement for your damages. In certain cases, a trial is held in two stages: liability and damages. If a party admits fault, a trial may focus solely on damages.
- Resolving Post-Trial Matters. After a verdict has been entered, both sides are allowed to file motion or appeals with a higher court. Our Houston car crash attorneys can see your case through any post-trial proceedings.
Collecting Your Settlement
When you have our qualified Houston personal injury attorneys representing you, you can be assured that we will use the extent of our legal knowledge to pursue the full value of your claim, for both you and your family.
After a settlement or verdict has been reached, we will help make sure that you receive the funds. We will aid you settling any liens against your settlement, help disburse funds to the appropriate parties, and guide you through tax implications.
You can depend on us to pursue the maximum value you deserve for your injuries and damages. We will also work diligently to ensure your settlement or judgement is paid in a legal and timely manner.
Contact an Experienced Houston Personal Injury Lawyer Today
If you or a loved one has been injured in a crash, you need to consult with one of our qualified Texas personal injury lawyers today. At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, we provide aggressive legal representation to those injured in personal injury accidents. We can advise you on how to seek compensation for damages, including medical expenses, lost wages, and pain and suffering.
If you or a loved one has been injured in an accident, contact our offices immediately at 713-840-7200 to see what we can do for you.
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