Brian White | August 9, 2023 | Personal Injury
Accidents and injuries can happen at any time. The experience is often distressing and disorienting. Many injury victims also experience physical, emotional, and financial hardships in the aftermath.
If you’ve been injured due to someone else’s negligence in Houston, Texas, you may have the right to seek compensation for your damages.
However, successfully filing a personal injury claim can prove to be a complex process. But with proper guidance, you can increase your chances of financial recovery. A Houston personal injury attorney will guide you through the claims process. At each step, they will protect your right to receive the compensation you deserve.
Seek Medical Attention
Medical expenses are a significant component of most personal injury claims.
After an accident in Houston, TX, your health and safety should be a top priority. Do not hesitate to seek help from first responders and medical professionals.
You should seek immediate medical attention for all injuries so they are documented. Documentation is critical for establishing your accident as the cause of the injuries. It may be difficult to prove that injuries were related to the accident if you delay seeking medical attention.
Preserve Evidence
Strong personal injury claims have evidence. It is crucial to begin gathering evidence to support your claim as soon as it is safe and practical.
After an accident, try to collect the following information:
- Photographs of the accident scene, including damages to property and visible injuries
- Names and contact information of witnesses
- Police reports
- Medical records, bills, and receipts related to your injuries and treatment
You may require other types of evidence, depending on the type of personal injury claim you file.
Consult a Personal Injury Attorney in Houston, Texas
The legal process can be daunting. Dealing with insurance companies and defense lawyers can be especially challenging. An experienced Houston personal injury lawyer can improve your chances of successfully filing a claim.
Your attorney can guide you through the process and negotiate a settlement on your behalf. They will also work to prove the elements of your claim, such as liability and damages. They will investigate to strengthen any weak points in your case.
Determine Liability
Establishing liability is a crucial aspect of any personal injury claim.
In Texas, modified comparative negligence applies when multiple parties share fault, including the victim. If you were partially at fault for the accident, your compensation will be reduced proportionally to your level of responsibility.
An injury attorney will thoroughly investigate the accident to determine liability. They will use photo and video evidence, witness statements, police reports, and other evidence to ensure that at-fault parties are pursued. They will also ensure you have a convincing case.
Calculate Damages
Determining the value of your personal injury claim involves calculating both economic and non-economic damages.
Economic damages include medical expenses, lost wages, property damage, and other measurable financial losses. Non-economic damages cover pain and suffering, emotional distress, and other subjective damages.
Your attorney will help assess the full extent of your losses to demand fair compensation. If your injuries are severe, your attorney may also consult experts. This could include medical professionals who can testify about your injuries or economists and vocational experts who can testify about your lost wages or diminished earning capacity.
Notify the At-Fault Party’s Insurance Company
You will need to notify the at-fault party’s insurance company of your claim. Your attorney can do this on your behalf. Your attorney will send a demand letter to the insurer describing the accident, your injuries, and the theory of liability.
Negotiate a Settlement
Insurance companies will try to settle the claim out of court to avoid litigation costs in many personal injury cases.
If liability is uncontested, the insurer may accept the demand or respond with a counteroffer. If the counteroffer is unsatisfactory, your attorney will negotiate for a more equitable sum or even conduct further investigation to present new evidence that will support your case.
Be warned that insurance adjusters may try to minimize your claim. An experienced injury attorney can help protect your right to a fair settlement that adequately covers your damages.
It is important to be patient during this process. Resolving some of the most complex personal injury cases may take months or even years.
File a Personal Injury Lawsuit in Houston, Texas
If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a lawsuit. This process begins by filing a complaint and serving a copy on the defendant. The defendant will have the opportunity to file a response, known as an answer. The answer will admit or deny your allegations and assert any defenses to your claim.
Initiating a lawsuit begins the formal legal process. Your case will then proceed through a discovery phase where the parties exchange evidence, take depositions, and identify expert witnesses. Your attorney may also file pre-trial motions to address issues with the court.
An injury attorney can guide you through each step of the legal process and represent your interests at hearings. They can also represent you at trial if a settlement is not reached.
If your case goes to trial, both sides will present arguments and evidence before a judge or jury. The judge or jury will determine whether the defendant is liable and the appropriate compensation you should receive.
In some cases, the losing party may choose to appeal the verdict. The appeals process can be complex and time-consuming, but your attorney will advise you on the best action.
A Houston Personal Injury Attorney Can Help You Navigate the Claims Process
Navigating the legal process can be daunting, especially when dealing with insurance companies and defense lawyers. Successfully filing a personal injury claim in Houston, Texas, often requires preserving evidence, determining liability, calculating damages, and negotiating a settlement.
This step-by-step guide offers a general overview of the process for filing a personal injury claim in Houston, Texas. An experienced attorney can evaluate your personal injury case and help you receive the compensation you deserve.
Contact a Houston Personal Injury Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000
Attorney Brian White Personal Injury Lawyers
3120 Southwest Freeway, Suite 350
Houston, TX 77098
United States
Attorney Brian White Personal Injury Lawyers – East Fwy
11811 East Fwy, Suite 630-06
Houston, TX 77029
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2600 S Loop W, Suite 293
Houston, TX 77054
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