A personal injury lawsuit seeks compensation from a party who caused you to be injured. Damages compensate you for your financial losses and suffering. Many personal injury cases are settled through negotiations. However, if the other party refuses to agree to a fair settlement amount, a personal injury lawsuit might be your only option.
Every case begins with an accident or other incident that causes someone to be injured. Examples of situations that may lead to a personal injury claim include slip and fall accidents, car accidents, workplace accidents, and wrongful death.
Even though each claim is unique, several steps are common to all personal injury cases. Those steps include:
Seek Prompt Medical Treatment for Injuries
Delays in medical treatment can cause problems in a personal injury case. Medical records are crucial for proving your sustained injuries, the type of injuries sustained, and the severity of your injuries. Therefore, go to the emergency room after an accident or see your family physician as soon as possible.
Report all symptoms to your doctor, regardless of how minor the symptoms might be. If your symptoms change or worsen, talk with your physician as soon as possible.
File an Insurance Claim
If the other party has insurance coverage for the incident, file an insurance claim with their provider. For example, Texas requires drivers to have minimum amounts of liability insurance coverage. If another driver causes your car accident, file a claim with their insurance provider.
The insurance company assigns an insurance adjuster to investigate your claim. Adjusters are trained professionals. They work for the insurance company, so they protect the company’s best interests. Therefore, the adjuster looks for evidence that you were to blame or did not sustain the injuries you claim.
Be cautious when speaking with an adjuster or other insurance company representative. The company may use what you say against you. The company may intentionally twist your comments to imply you admitted fault or wrongdoing.
Talk to a Dallas Personal Injury Lawyer
Schedule a free consultation with an attorney to discuss your legal options. An experienced injury lawyer has the resources to investigate your claim and gather evidence proving fault and liability. An attorney understands the laws that apply to your case and how to value damages correctly.
Attorneys identify all parties who could be liable for your damages. Pursuing all liable parties increases the chance you receive compensation for all damages. Your attorney also defends you if the other party alleges you are partially to blame for causing your injuries (i.e., contributory fault).
The insurance company has a team of professionals and endless resources to fight your claim. Hiring a personal injury law firm evens the playing field.
Make a Settlement Demand
After you complete medical treatment, your lawyer prepares a settlement demand letter for the insurance company.
The letter:
- Discusses the facts of the case and the factors that led to your injuries
- Summarizes your injuries, economic damages, and non-economic damages
- Analyzes the statutes and case law that provide the basis for holding the other party liable for damages
- Makes a demand for settlement
The insurance company may take several weeks to review your settlement demand. It may accept your settlement demand, but it could also decline your demand or make a counteroffer.
In many cases, insurance companies make counteroffers for lower amounts. If you accept the counteroffer, the claim ends. Your attorney may continue negotiating for a higher amount or file a lawsuit.
Filing a Personal Injury Lawsuit
Most personal injury lawsuits have a two-year statute of limitations. If you do not file a lawsuit before the statute expires, you lose the right to sue the party who caused your injuries. However, there are exceptions, so prompt legal advice is strongly recommended to avoid missing a deadline.
Lawsuits go through several phases, including:
- Filing the initial complaint and serving it on the defendants (i.e., the parties being sued)
- Waiting for the defendants to file responsive pleadings
- Exchanging evidence and information during the discovery phase
- Settlement negotiations and/or mediation
- Pre-trial motions to resolve questions of law
- Trial and judgment
- Appeals
Juries can be unpredictable. Your attorney will discuss the pros and cons of taking a personal injury case to trial. Depending on the factors and circumstances involved in your case, it might be better to accept a settlement than go to trial.
In some cases, filing a lawsuit may be a tactic used to encourage settlement. Insurance companies weigh the cost of defending a lawsuit and the potential for a large damages award against settling the case. Discovery often encourages settlement negotiations when the company realizes you have a strong case.
Contact Our Personal Injury Lawyers for a Free Consultation
Working with an experienced trial lawyer as early in your case as possible could avoid litigation. However, your attorney will be ready to file a lawsuit if you cannot settle your case. Call Benton Accident & Injury Lawyers at (214) 556-8321 for a free consultation with an experienced Dallas personal injury lawyer. Let’s discuss your options for receiving compensation for an injury claim.