Dealing with an injury that wasn’t your fault is tough enough on its own. However, the situation becomes even more daunting when you begin to consider taking legal action against whoever was responsible. One way to calm your nerves is by getting a better idea of how the personal injury claim process works in Texas.
Consult With an Attorney
It’s generally not a good idea to try to move through the legal system on your own. Even if you know a lot about the law, minor points you might have overlooked can easily trip up your case. This is why it’s best to contact a personal injury lawyer before you do anything else.
Most attorneys offer a free consultation before they receive any payments, so take advantage of this to have them look over your case and give you an idea of where to go next. The circumstances of the accident that caused your injuries will determine whether you have a viable claim.
The best legal counsel will help you understand the complexities of Texas personal injury law. They’ll explain your rights, the types of compensation you might be eligible for, and the general timeline you can expect. Keep in mind that Texas allows two years from the date of the injury to file, so you should contact a lawyer as soon as you’re able.
File a Claim With the Insurance Company
Once you decide to move forward, the next step is to contact the insurer and let them know of your intent to claim compensation. Your attorney will handle most of the communication, and they’ll present your case in the best possible light to increase your chances of getting a fair settlement offer.
The insurance company will then assign an adjuster to your case. It’s their job to evaluate the claim and determine how much the company will pay to cover the costs of the injury.
Investigation and Negotiation
Once the claim has been filed, the insurer will conduct an investigation. They’ll collect evidence, look over medical records, and talk to witnesses to get an idea of the circumstances that led to your injury. Your personal injury attorney will also do their own investigation to be ready for when the insurer makes an offer.
Both sides will then begin to negotiate with each other. Be aware that adjusters work only for the company and are more concerned about protecting its bottom line than providing for the person who was hurt. Because of this, the first offer is rarely the best one.
Your lawyer will let you know whether they believe the offer is fair. If it’s not, they’ll suggest pushing for better compensation and making a counteroffer if you wish to do so. When they do, they’ll present additional evidence to justify a higher amount.
Negotiations can go back and forth several times before both sides reach an agreement. This part of the process requires persistence and patience, and having a strong attorney in your corner can make all the difference.
Prepare for Litigation if Settlement Talks Fail
If negotiations stall or the insurance company refuses to offer you a fair settlement, it’ll likely be time to move on to litigation. This doesn’t necessarily mean your case will go to court, but your lawyer will start the process of filing a lawsuit.
Getting ready for litigation involves several steps, such as filing court documents and gathering additional evidence. Your attorney will start to prepare your case and organize all of the information so that they can present your claim in the best way possible.
Ultimately, most personal injury cases settle out of court, but it helps to be prepared for trial so you have leverage during the negotiation phase. The idea of being taken to court often motivates the insurance company to offer a better settlement so they don’t have to spend extra time and money. Again, it comes down to their bottom line.
Frequently Asked Questions
How Long Does a Claim Take to Settle?
The timeline for a personal injury case can vary depending on several factors. More complicated claims will take longer, while simpler cases might be wrapped up quickly. It’ll also depend on whether the insurer is willing to negotiate and if you have to take them to court. It could take anywhere from a few months to a few years.
What Compensation Can I Recover?
Compensation can vary, but most personal injury claims see payments for hospital bills, lost wages, property damage, and pain and suffering. Your attorney will help you figure out which of these damages applies to your claim.
What Should I Bring to My Initial Consultation?
When you first contact legal counsel, bring with you any relevant documents, photos, witness contact details, and letters from insurance. These materials will help your lawyer assess your case. The more information you can provide, the better.
Can I Still File if I Was Partially at Fault?
Yes. Texas uses a modified comparative fault rule (also known as proportional responsibility), so you can file even if you contributed to the accident. However, you can’t be more than 51% responsible, and your payout could be reduced based on your percentage of fault.
What Happens if Insurance Denies My Claim?
You can appeal a denied claim. Your attorney will help you do that, as well as negotiate further or take your case to court if need be. A denial isn’t the end of your case; you still have legal options available to you.
Take the Next Step Toward Justice
If you’ve been hurt by someone else’s careless or criminal behavior, Ramsey Law Group will fight to defend your rights and get you the compensation you deserve. Contact us today to schedule a free consultation and learn how we can help you.