Injury Claim Process for Accidents and Injury Cases

Steps Involved in the Process

According to a study reported by lawyers.com: “More than nine out of ten readers with attorneys (91%) got a payout, compared to 51% who represented themselves. Furthermore, nolo.com indicated there was a significant difference made in payouts: “Readers who hired a lawyer walked away with an average of $77,600 in compensation, compared to an average of $17,600 for those who represented themselves.”

There are a number of steps involved with the Texas injury claim process. If you or a loved one suffers injury in an accident, it is important to understand how the injury process works so you can take the necessary steps. By doing so, you increase your chances of recovering the maximum compensation for damages.

Informing the insurance company

Injury victims should report an accident to their insurance company right away. Some insurance carriers try to deny claims that are not promptly reported. Based on Texas law, emergency medical services providers have a lien on an injury claim. But for it to attach, the injured party must receive emergency medical treatment within 72 hours after the accident. With a minor accident, you might be able handle the claim with the insurance company yourself. However, if the accident is serious, it is best to get legal representation.

Investigating the accident

One of the first things a personal injury lawyer does is investigate the accident to determine who was at fault. To succeed in an accident claim or lawsuit, you can’t be more than 50% at fault for causing the accident. Investigation typically involves the following:

Settlement demand letter

Your attorney will send a settlement demand letter to the insurance company of the party at fault for the accident. A demand letter explains the facts of the claim, including the extent of injuries and damages. It also proposes a monetary amount to settle the claim.

The insurance company could accept the claim, or make a counteroffer. Your attorney may negotiate a settlement at this point. The insurance company could also deny the claim. Most claims settle out of court. However, the next step is a lawsuit if no settlement is reached.

Filing a lawsuit

A lawsuit is a formal complaint filed in the appropriate court. It lists who was at fault for the accident and covers the physical injury damages and property damages. It also lists the non-economic damages, such as pain and suffering and the compensation being sought by the claimant. The court and defendant receive copies of the complaint.

At any point during the lawsuit, your attorney and the defendant can negotiate and reach a settlement.

Discovery

The legal process has various methods to obtain further information about a case. Attorneys can use depositions, call eye witnesses or experts to testify for their side of the legal action. This can be a lengthy process.

If you do not reach a settlement after discovery, sometimes parties resort to mediation. A mediator is a neutral party who works with both sides to help them reach common ground and resolve the case through settlement.

Trial

When parties cannot resolve the claim through mediation, the case goes to trial. While parties can negotiate and settle at any point during trial, when a trial runs its full course, a judge or jury decide the outcome of the case.

If you have further questions about personal injury, visit our FAQs page.

Speak with a Texas personal injury lawyer about your accident

The Law Office of Michael De La Paz offers a free consultation to discuss your accident and determine whether you have a case. We are glad to answer your questions and further explain the legal process. Call tel: (800) 645-8553 or contact us online to arrange a free consultation.