If you have suffered a serious injury because another person was negligent, you might be considering a personal injury case. This may be a viable option, but taking legal action is more complex than it may seem. Here’s a closer look at how to file a personal injury lawsuit.
Understanding Personal Injury Claims
Before considering whether you want to file a lawsuit or not, make sure you understand what counts as a personal injury case in Texas. Broadly speaking, you may have a case if you have been seriously injured because another person was negligent.
More specifically, to win a personal injury case, you (or your lawyer) must be able to prove the elements of negligence:
- The defendant owed you a duty of care
- They breached that duty
- The breach of duty led directly to your injuries
- You have damages to collect as a result
In this context, “damages” refers to compensation for losses. If another driver causes a car accident and you have hospital bills as a result for example, that means you have damages to collect.
Steps to Take Immediately After an Injury
If you have just been seriously injured, knowing what steps to take is important to protect your health. Additionally, your actions right after an injury can also preserve your chances of filing a personal injury claim. Here’s what to do after an injury:
- Move out of harm’s way if possible
- Call 911 if you need urgent medical care
- Document the scene of the accident
- Seek medical care
- Report the incident to authorities (if applicable)
It’s also a good idea to write out the sequence of events that led to the accident. Your memory may fade over time, so having a clear record of the incident may help your future case.
Consulting With a Personal Injury Attorney
As soon as possible after your accident, it’s a good idea to contact a personal injury lawyer. Even if you don’t want to file a lawsuit, an attorney can give you valuable advice on protecting your rights.
If an attorney takes your case, they will talk you through how to file a personal injury lawsuit. Your lawyer will handle most of the logistics, but it can be helpful to have a general sense of the process.
Filing the Complaint
If you want to pursue a personal injury claim and a lawyer takes your case, they will likely file a complaint (the first step in filing a lawsuit) with the district court. The defendant will then respond to the complaint, and a district court judge will decide whether the lawsuit can proceed.
Discovery Phase
If the lawsuit proceeds, the next step is discovery. This is where both sides gather evidence, witness statements, and expert testimony. They share it with one another and the court.
Settlement Negotiations vs. Trial
Most personal injury cases are settled outside of court. This is when both sides agree that the defendant will pay you a certain amount, and you’ll drop the lawsuit in exchange. Settlement helps both sides avoid the stress, cost, and uncertainty of a trial.
However, if both sides can’t come to an agreement, your case may need to be decided in a civil trial.
Statute of Limitations in Texas
Knowing how to file a personal injury lawsuit is important if you’re considering legal action. However, it’s also critically important to know how long you have to file.
Each state may set its own statute of limitations for personal injury cases. The statute of limitations is a time limit for filing a lawsuit. The Texas statute of limitations for personal injury cases is two years. That means you have two years from the date of your injury to file.
When in doubt, it’s best to consult a lawyer sooner rather than later. They must build a strong case first, and that takes time.
Potential Compensation
There are many types of compensation you can potentially recover in a personal injury suit. These are some of the most common:
- Medical expenses
- Lost income
- Cost of travel to medical appointments
- Pain and suffering
- Property damage
- Loss of enjoyment of life
The amount of compensation you receive for pain and suffering can vary, but it’s usually greater if your injuries are severe. For instance, you would likely receive more compensation for a major spinal cord injury than you would for a broken leg that eventually healed.
FAQ
Can You File a Personal Injury Lawsuit Without a Lawyer?
Yes. However, doing so can be very difficult. Even when taking attorney fees into account, people who work with lawyers almost always recover more compensation.
Are There Any Exceptions to the Statute of Limitations?
There are a handful of exceptional circumstances that may allow you to pursue a case even after two years have passed. At your consultation, we can help you determine whether your case may be an exception.
Will a Personal Injury Lawyer Accept My Case?
Because personal injury lawyers usually work on contingency (meaning they only get paid if they win), they can’t accept every case they come across. If a lawyer thinks there’s a good chance they can win your case, they may offer to represent you.
Considering a Personal Injury Claim?
For many people, a personal injury lawsuit is their first encounter with the legal system. This system can be challenging to navigate on a good day — let alone when you’re recovering from a life-changing injury.
When you work with the experienced team at Ramsey Law Group, you can rest assured that your case is in capable hands. While we take care of the legwork of your case, we also make sure that you’re always involved. We never make critical case decisions without you.
If you’ve been injured and think we may be the firm for you, get in touch with us today to schedule a free consultation!