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Injury Claim Process

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Car Accidents

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Have you been hurt in a car wreck in Texas?

The roads and highways in Texas are legendary and well traveled. And as more people move to the Lone Star state, our roads become busier and even more congested. More cars, more vehicles, unfortunately, result in more accidents. Many causing serious, life-changing injuries or even death for people who were simply in the wrong place at the wrong time. And often, many of these accidents could have been prevented.

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:

 

  • Gathering evidence from the accident scene, which may include interviewing eye witnesses
  • Identifying the parties who caused or contributed to the accident, such as other drivers, government agencies or persons responsible for hazardous road conditions or manufacturers for defective vehicles
  • Documenting the injury damages through medical reports
  • Estimating the value of economic and non-economic damages

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.

Mediation

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.

INJURY

Law Office of
Michael R. De La Paz

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Law Office of Michael R. De La Paz

1100 NW Loop 410, Suite 360
San Antonio, TX 78213

Office: 210-225-HURT (4878)
Toll free: 800-645-8553

Schedule a Free Consultation

The Law Office of Michael R. De La Paz has its principal office in San Antonio, Texas, however, we can represent your personal injury case no matter where you live in Texas, the U.S., or Mexico.

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INJURY

Law Office of
Michael R. De La Paz

Contact Us

HOW DID YOU HEAR ABOUT US?

13 + 12 =

Law Office of Michael R. De La Paz

1100 NW Loop 410, Suite 360
San Antonio, TX 78213

Office: 210-225-HURT (4878)
Toll free: 800-645-8553

Schedule a Free Consultation

The Law Office of Michael R. De La Paz has its principal office in San Antonio, Texas, however, we can represent your personal injury case no matter where you live in Texas, the U.S., or Mexico.
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