When you first seek a personal injury claim, it can be extremely overwhelming. Many people are unfamiliar with the legal process, and it can be very time-consuming and stressful — to say the least.
However, a qualified Houston personal injury attorney can help you through the legal process and ensure that your case is treated fairly. Your attorney will know if you have a valid case against the at-fault party and can advise you on what action is in your best interest.
At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, our team of Houston personal injury lawyers will work to ensure your case is treated properly and will advise you on the steps to filing a lawsuit in Texas.
Seek Medical Attention
Immediately after an accident, the first thing you should do is seek medical treatment for your injuries. Your health should always be your main priority.
When you seek medical help quickly after an accident, it shows that you suffered severe and urgent injuries, and this is beneficial when the insurance adjuster is evaluating your claim.
After receiving treatment, you should gather your medical records to establish a link between the accident and your injuries.
Contact a Houston Personal Injury Attorney
You should hire a personal injury attorney in Houston right away in order to maximize your compensation. When looking for a lawyer, you should consider the following characteristics:
- Knowledge of your type of claim
- Expertise representing personal injury victims against insurance companies
- Reputation within the legal community
- Trust among his or her clients
- Trial experience and his or her record of successful verdicts and settlements
- Your level of comfort with the attorney
A qualified personal injury attorney will act as your advocate during the claims process to ensure your case is treated fairly, and he or she will communicate with the insurance provider and attorney of the at-fault party.
A lawyer will be able to accurately evaluate your claim and determine fair compensation including the pain and suffering experienced due to the accident.
Your lawyer will use this figure to negotiate with the insurance provider in order to reach a fair settlement. If the insurer does not cooperate, your attorney will then pursue further legal action.
At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, Nhan Nguyen, Nader Rabie, and our entire team of personal injury attorneys will provide you with a free consultation to review the details of your case and determine if you have a valid claim against the at-fault party.
Collect Information
After choosing a Houston personal injury attorney, he or she will investigate your claim to determine if you have a valid case.
The investigation includes gathering evidence establishing a link between your injury and the negligence of the at-fault party. This includes:
- Collecting medical records about your injury and the treatment you received
- Interviewing witnesses who were present during the accident
- Obtaining the police report taken after the accident
- Reviewing your employment records to determine if you suffered lost income due to the accident
The information gathered by your attorney will be used to help build and support your case in order to obtain fair compensation.
Send a Demand Letter to the Insurance Provider
After your lawyer has determined you have a valid claim, he or she may send a demand letter to the insurance provider of the at-fault party.
This notice will inform the insurer of the at-fault party that you are filing a claim and will provide a monetary value that your lawyer believes to be fair compensation for your injuries.
Your lawyer may have to negotiate with the insurance provider to obtain a fair settlement. If you are able to settle your claim without filing a lawsuit and going to court, it could save you time and money.
Under Texas law, there is a two-year statute of limitations to file a personal injury claim, and if you miss this deadline, you will be unable to recover any compensation.
File a Complaint, Summons
If your personal injury attorney is unable to reach a settlement with the insurance provider, he or she will file a complaint against the at-fault party and relay your intention to file a lawsuit.
The complaint letter will establish the grounds for your case, including the reason you are suing the at-fault party and the fair value of your damages.
After the complaint has been served, the other party is required to provide an answer either admitting or denying fault, and this also provides the at-fault party the chance to provide his or her account and file a counter-claim if applicable.
Begin the Discovery Process
Discovery is a key part of a personal injury lawsuit and starts after the victim has filed a complaint against the liable party.
Discovery is a formal investigation that allows the lawyers for both sides to obtain information from the other party.
In most cases, discovery often involves answering written questions, providing documents, and conducting depositions. During a deposition, the attorneys of both parties will ask questions under oath, and both sides are allowed to depose the other side and potential witnesses before trial.
Pre-Trial Motions & Settlements
Before going to court, both sides of the suit will be able to file motions that may impact how the trial continues or what evidence either side is allowed to use.
There are many alternative methods in order to avoid a trial, including mediation or arbitration.
Also, settlement discussions will likely continue throughout the pre-trial phase. The results from the discovery process can assist in determining which side has the strongest case, potentially persuading the other side to settle out of court.
Going to Court
If neither side can reach an agreement or resolve the claim, the next step is going to court. A personal injury trial can last for days or weeks depending on the circumstances of the case.
After the trial finishes, a jury will reach a verdict on the number of damages you are entitled to when applicable. The at-fault party will then be able to challenge the decision by filing a motion to appeal.
Houston Personal Injury Lawyers
After being injured in a car accident, you need the help of a Houston car crash lawyer to help you make the right choices and secure the compensation you need and deserve. The team of personal injury lawyers at the West Loop Law and the Law Office of Nhan Nguyen, MD, JD will fight for your best interests. We treat every case with equal importance, and we focus on getting the effective results our clients deserve. Contact our law offices today at 713-840-7200 to discuss your case with a lawyer who cares.
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