Litigation Process and Strategy in Houston Personal Injury Claims

Sustaining an injury in an accident is an overwhelming experience. You may need long-term medical care and be forced to miss time from work while you recover. When you suffer an injury due to someone else’s negligent behavior, you are entitled to financial compensation for medical costs and other damages. Learning more about the litigation process in Houston can help you get the compensation you deserve.

Steps In a Personal Injury Claim

Whether you suffer injuries from a car accident or a workplace incident, filing a personal injury lawsuit can help you get compensation for your injuries. However, the process can be complex. While each case is unique, the following steps provide an accurate example of the personal injury claim process.

Obtain Medical Treatment

Your health should be your top priority after any accident. Even if you only experience mild injuries, it’s essential to see a medical professional as soon as possible. Keep records of all treatment you receive and the costs. Photos of your injuries and the accident scene can also be used to support your claim.

Consult with a Houston Attorney

A skilled attorney will act as your advocate to navigate the legal process and get the compensation you deserve. Your lawyer will evaluate your case, offer advice, and help you complete any necessary documents.

Gather Information to Support Your Case

Although insurance companies investigate accident claims, your lawyer will conduct an independent investigation. Several steps go into the investigation, including:

• Gathering evidence (police reports, witness statements, expert analysis)
• Review of medical records
• Identify liable parties
• Calculate the full cost of damages
• Verify insurance policies that provide coverage for damages

Depending on your case, your lawyer may also gather information and testimonies from expert witnesses.

Negotiate with the Insurance Company

Your lawyer will contact the insurance company of the at-fault party to describe your injuries and request a fair settlement. Often, the insurance company will accept the claim or make a counteroffer. Sometimes settlements are denied.

File a Lawsuit

In many cases, personal injury claims in Houston reach an acceptable settlement during the negotiation phase. If no agreement is reached, your lawyer may advise you to file a civil lawsuit. To abide by the statute of limitations for personal injury claims in this state, the lawsuit must be filed within two years of the date of injury.

Discovery

Once the lawsuit is filed, both parties engage in discovery, where lawyers exchange information and evidence. Information gathered during discovery may include formal documents, depositions, medical information, interrogations, and more. This phase allows your lawyer to better understand the other side’s evidence.

Pre-Trial Motions

In light of the new information revealed in discovery, lawyers often engage in negotiations. A fair settlement is often more likely when the parties better understand the other side’s evidence. If a settlement is reached, the lawsuit is dismissed.

Trial and Appeal

When no agreement is reached, the case proceeds to trial. Both parties call witnesses and present evidence during the trial. After all evidence is considered, the jury decides who is liable and the amount of compensation that will be awarded. The losing side can appeal the decision by taking the case to a higher court. Your attorney will help you decide whether pursuing an appeal is in your best interest.

Get Advice About the Litigation Process and Strategy in Houston Personal Injury Claims

There are many steps in the process of seeking compensation from liable parties responsible for a personal injury. Talking to an attorney can help you weigh your options and better understand the litigation process and strategies used when filing a personal injury claim in Houston. Contact Schechter, Shaffer & Harris LLP to learn more.