Being injured is sure to be a difficult experience. You may be facing medical bills, lost wages from missing work, pain and suffering, and more. If your accident was caused by another party’s negligence, you may want to file a personal injury lawsuit to receive compensation for your losses. However, the timeline of your personal injury lawsuit can often feel long and confusing if you’ve never been through it before. Here is a general timeline of what you can expect from start to finish in a personal injury case in Texas.
Investigation and Demand Letter
The timeline starts ticking from the date of your accident. In Texas, you typically have two years from the date of injury to file a personal injury lawsuit against the at-fault party (this is called the statute of limitations). The clock starts running on the statute of limitations regardless of whether you’ve filed a case, so it’s important to start the process as soon as possible.
The first step is to conduct a thorough investigation into what happened. Your personal injury attorney in El Paso will gather all relevant evidence like medical records, accident reports, witness statements, photos of property damage or injuries, video footage if available, and more. Having detailed documentation of your losses and the liable party’s negligence is crucial. This evidence will help prove liability and damages in your case.
Your attorney will also send a demand letter to the at-fault party’s insurance company. This letter outlines your losses and demands a specific amount of compensation to settle the claim out of court. The letter provides all the evidence and sets a deadline for responding. If the insurer denies the claim or makes an unreasonably low offer, your attorney can then advise you on the best legal options.
Filing the Lawsuit
If the insurance company denies the claim or makes an unsatisfactory settlement offer that does not sufficiently cover your damages, the next step is filing the actual lawsuit. This has to be done before the two-year statute of limitations expires in Texas. Time is of the essence. Your attorney will draft and file a detailed complaint with the court stating how the other party was negligent, how you were injured and incurred both economic and non-economic damages, and the exact amount of compensation you are legally owed.
The other party is officially served with notice of the lawsuit and has a certain timeframe spelled out by law to respond in writing. Filing the complaint starts the litigation process rolling. Your attorney may also submit discovery motions requesting certain information and documents early on from the other side, even before the discovery phase begins. This gets a jump start on building your case.
Early Case Preparation
After filing the complaint, there may be certain court filings and early case preparation your attorney undertakes while waiting for the defendant’s initial response. For example, they may file motions asking the judge to set a trial date as soon as possible to keep the case moving forward. Or they may petition the court to order certain evidence to be preserved that could get destroyed, like video footage that gets overwritten if too much time elapses.
These types of proactive motions demonstrate your eagerness to get the case resolved in a timely manner. They also prevent any stalling tactics by the defense to drag out the timeline. Your attorney will strategically chart the schedule and agenda for your case right from the start.
Discovery Phase
The discovery phase is when each side obtains information and evidence from the other party. This can include written questions, requests for documents, and depositions. Depositions involve interviewing key witnesses under oath with attorneys present from both sides.
The discovery phase typically takes several months to a year to complete. This is often the most lengthy part of the process since there are frequently disputes that arise and delays in obtaining evidence and scheduling depositions. But it’s a critical phase for gathering the proof needed to bring your claim to trial and establish the full extent of your damages.
Your attorney’s goal is to move quickly through discovery and avoid any obstacles thrown up by the defense. Having a firm game plan and putting pressure on the other side can condense the timeline significantly compared to letting things drag out. Efficient discovery takes strategic experience with the process.
Settlement Negotiations
Settlement talks often begin once discovery has closed. At this point, both sides have a clear view of the evidence and case strengths and weaknesses. Your attorney and the defense will enter into intense negotiations to try to settle the case out of court. This involves going back and forth making offers and counteroffers.
Your attorney will consult closely with you to ensure any potential settlement is fair and acceptable based on your losses. They will leverage the value of a fast settlement to try to maximize the amount, as defendants often pay more to resolve the claim quickly versus a lengthy trial. About 95% of personal injury cases settle out of court before trial. But your attorney will be fully prepared to go to trial if needed.
Trial
If no settlement agreement is reached, then your personal injury lawsuit will go to trial before a judge or jury. First is the trial itself, where witnesses testify and lawyers present evidence and expertly argue the case. The side that has the preponderance of convincing evidence and arguments in their favor should prevail at trial.
Your El Paso personal injury attorney will be thoroughly prepared and rehearsed to present your case in the strongest light possible. They will also file motions to exclude any improper evidence or testimony attempted by the defense. Winning at trial depends heavily on the skill and strategic acumen of your attorney. Their capabilities can make or break the outcome.
Judgment and Collection
If you win at trial, the judge or jury will award damages that provide the compensation you are rightfully owed. Your attorney may still have to take additional legal steps to actually collect the full judgment amount from the defendant. This can involve further negotiations or even seizing assets. Collection can add time onto the process.
Appeals Process
After a judgment is issued, the losing party has the right to appeal. This sends the case to a higher court to examine potential legal errors in how the trial was handled. The appeals process can prolong the case timeline by months or even years. But your attorney can often start collecting portions of the judgment that are not under appeal while it plays out.
Contact Us Today
At Karns & Karns Personal Injury and Accident Attorneys, our attorneys have years of experience recovering millions of dollars for injury victims in Texas. If you or a loved one has been hurt in an accident, contact our office today at 800-4THE-WIN (800-484-3946) for a free case evaluation and consultation. Our dedicated legal team has the strategic expertise to handle your personal injury lawsuit from start to finish – and get you the maximum compensation you deserve for your losses.
