Getting injured in an accident is devastating because it has many health and financial implications. If you find yourself in this situation, you have the right to seek compensation to cover damages, including healthcare and long-term rehabilitation costs.
Seeking compensation requires going through a claims process with the help of a personal injury accident lawyer. While the claims process is similar across all states, understanding how the personal injury claim process works in Texas is important because there are nuances and subtleties you should understand. Let’s walk through the process so you can understand how it works.
Choosing a Texas Personal Injury Attorney
The first step in this process is calling your attorney as soon as you can, ideally after you have received treatment and are lucid enough to recall the accident’s details. Choosing Texas injury lawyers who understand Texas law and are experienced in getting their clients the compensation they deserve is hugely advantageous. As mentioned, personal injury laws and claims processes vary from state to state, and hiring a personal injury law firm with attorneys who understand Texas law specifics is best.
We recommend calling our lawyers at Karns & Karns Personal Injury and Accident Attorneys so we can start looking at your case as soon as possible. Remember, moving quickly gives you the best chance at the best compensation.
Set Up a Consultation
Consultations with a personal injury attorney typically take about an hour. The purpose of this initial conversation is to explore the accident’s details and see whether you will work well with the attorney. You can reach out to our Texas personal injury lawyers by phone or email to set up this initial meeting.
You should expect our attorneys to ask about your injuries, what you think the cause of the accident is, who the other parties are, and what happened following the accident. We recommend preparing these details beforehand to make the initial consultation as productive as possible.
We also recommend bringing all supportive documents you already have. These include medical bills, police reports, x-rays, and other types of scans, photographs, and videos. With everything at hand, the personal injury accident attorney will discuss how best to represent you.
Finalizing Payment Details – The Contingency Fee
It is also common for an attorney to discuss payment details once they decide to represent you and help with the personal injury claims process. In Texas, there is no cap on the amount you can seek. Your attorney will fight for you to get compensated for your injuries and negotiate a settlement with the relevant insurance companies.
Many personal and accident injury lawyers work on a contingency basis. This means they do not charge you upfront, but instead receive a percentage of the settlement you win. This arrangement means you do not pay if you do not receive a settlement or compensation.
Do understand that some attorneys will ask you to cover some upfront costs associated with the claim. These include costs like deposition, filing, and expert witness fees. However, they are unlikely to ask you to do this if they are sure of a win.
Starting the Fact-finding Process
Getting the best compensation following a personal injury claims process depends on the strength of your evidence and the facts you can bring forth. For this reason, top personal injury attorneys do their own investigations to understand the case and its circumstances and details in more depth. They may speak to witnesses, law enforcement officers, video and photography experts, employers, doctors, accident recreation experts, radiologists, and other experts. They will also review all documentation they can find.
In addition to helping them better understand the accident and claim, the fact-finding process also helps them understand the percentage of your fault. Texas uses a fault percentage or modified comparative fault process. This means that the injured party can bear a percentage of the fault for the cause of the accident. Injured parties only receive compensation if they are less than 51% at fault.
The best personal injury and car accident lawyers Texas will use all the evidence, documentation, and testimony they have to shift this fault away from you. This way, you receive as much compensation as possible.
Settlements and Suits
Your attorney will notify the defendant or defendants of the claim and will try to settle before filing a lawsuit. However, it is also possible for a personal injury or car accident injury lawyer to try to settle out of court first. This happens when they are trying to protect the involved parties or their interests. With this option, the attorney will try to settle as quickly as possible while ensuring everyone gets what they want.
Out-of-court settlements also come with release form requirements. These forms release the defendant from all liability once they pay the settlement.
If you do not reach this settlement, the attorney will file a lawsuit. Here, too, you can get an opportunity to settle. However, many attorneys advise that you persist with the suit if the process gets to the court.
The Discovery Process
Discovery is crucial in the injury claims process. At this stage, attorneys from both sides show the other the evidence and facts they have gathered. The discovery process can accelerate negotiations because the other attorneys, involved parties, and insurance companies might realize you have stronger evidence than they thought you did.
Finalizing
Reaching a settlement typically ends in mediation, arbitration, or a trial. Mediation involves a third party whose job is to get all parties to reach an agreeable settlement. The mediator cannot order a settlement, but they can make the process easier and smoother.
Arbitration is conducted with the help of a retired attorney or judge. While the arbitrator acts as a mediator, they also ensure all laws are followed. They can also force settlements that both parties can agree to.
If all else fails, the personal injury process moves to trial. The Texas courts will decide the trial details, and it is up to you and your personal injury attorney to present the strongest case possible.
You have the right to get compensated if you have been involved in an accident. Going through the claims process with the help of the attorneys at Karns & Karns Personal Injury and Accident Attorneys makes the process much easier while ensuring you get the best representation for the best outcome.
