What Is the Process for Filing a Personal Injury Claim in Texas?

After an accident caused by someone else’s negligence, you have the option to file a personal injury claim to recover your damages and losses. This is a legal process, and having a personal injury attorney in San Antonio, TX to help you along the way will be a great asset.

It’s essential that you get medical help after an accident, and the most obvious reason for this is for your health. You need treatment right away to minimize the effect of the injury and keep you from developing any secondary injuries. But beyond this, you will need the records that you have from your medical treatment as part of your claim. You cannot bring a personal injury claim unless you can show that an accident caused by another person’s negligence specifically caused you damages and what they are.

Even if you don’t need to go to the ER immediately, you should go see your family doctor or at least visit an urgent care center as soon as possible and tell them about what happened and any symptoms you have been experiencing, even if you think they are minor. Be aware that some injuries do not manifest with immediate symptoms, such as internal bleeding.

You want to make sure that you have all this documentation so that the other side cannot argue the accident was not what caused your injuries. Be sure to keep all medical records and bills and receipts. Talk to your lawyer about how to do that if you are not naturally an organized person.

As soon as you are well enough, the wise move is to connect with a personal injury attorney in the area. You want someone familiar with Texas law and the local San Antonio courts. An attorney can review your case and let you know its strengths and weaknesses, help you do a deep investigation, and then help you with all the paperwork and legalities along the way. This will smooth the road and take a lot of the burden off your shoulders. In addition, once you have an attorney, you can refer all communication from the insurance company to your attorney. This can be very helpful, as insurance companies tend to want to interview you multiple times and ask numerous questions in an attempt to get you to say something that they can use to minimize your claim in some way.

Your attorney will also ensure that you keep to the deadlines and don’t risk losing out because something is filed too late and will help you calculate the full damages you should be asking for. Of course, if the case goes to court, your attorney will represent you there. Personal injury attorneys typically work on a contingency basis, meaning that they are paid only after you win, as a percentage of your settlement; and if you don’t win, they don’t take a fee. This makes it very safe to at least go and have a conversation with an attorney and get their opinion about whether your case is worth bringing. Know that statistics show those who have a personal injury attorney on their side typically walk away with larger settlements, even after the legal fees are removed, than those who don’t.

Your attorney can help you file an insurance claim, but if you have delayed getting an attorney, make sure you don’t delay reporting the injury as quickly as possible to the at-fault party’s insurer. Waiting could make it impossible for you to bring a claim in court. Every insurer has a time limit for these things on their policies, giving those they cover only a very brief window for reporting. These windows can be as short as 24 hours, so get on this quickly.

Whenever you talk with the insurance company, remember that you are talking to a specialized and trained claims representative, who will typically sound very friendly, but who knows how to ask questions in the right way so as to get the answers they want out of you. It’s best to give only the facts when you initially make your claim and then politely decline any other questions and refer them to your lawyer.

The insurance company is going to investigate the claim, but it’s usually a smart move not to rely solely on their findings. They are highly incentivized to find what they want to find, which is any detail that could minimize their liability to cover their client. Your own lawyer will also conduct an independent investigation to show what really happened.

This will involve gathering all evidence, identifying every party who could’ve contributed to the accident or maybe liable for what happened, identifying all insurance policies that may apply, properly calculating the full value of the damages, and more. Your attorney may also speak with expert witnesses to get extra information or opinion at this point.

Once the investigation is completed, your attorney is going to draft something called a “demand letter.” this is sent to the insurance company, and it explains the facts of the case, what exactly you’re asking for, and precisely what your damages have been. At this point, the insurance company can accept your claim, make a counteroffer, or deny it completely. In most cases, you’re going to get a counteroffer that begins around of negotiations. Most of these cases do settle out of court through these negotiations.

If negotiations cannot settle the matter, then you and your lawyer may file a personal injury lawsuit, and you typically have two years to do so. There are some exceptions, but your lawyer will be able to tell you if these apply. Once you have filed the lawsuit, “discovery” begins. This is a time when both sides can file certain pleadings with the court and also demand information from the other side.

The point is to get as much information as possible, as well as to review all information that the other side is going to use so that both parties can evaluate their case. During the process of discovery, the insurance company may come back with a new settlement offer if your evidence is strong.

If you don’t reach a settlement, then the case does go to trial. Both sides present their evidence and cross-examine any witnesses called by the other party. The court considers all the facts and decides whether you have proved your allegations or not. In a criminal case, the standard of proof is “beyond a reasonable doubt.” In a civil case of this nature, the bar is lower. You only have to prove that it is more likely than not that the other party is responsible for what happened. If you do, you will be awarded damages.

There are more steps in this process and many details that can’t be fully gone over here. To learn more and get help with your case, contact Marco Bass Injury and Accident Lawyers in San Antonio and Eagle Pass, TX for a free consultation or call us at (210) 600-0000.