Injured victims in Texas can pursue financial damages from the party who caused their injuries. The process of filing a Houston personal injury claim begins with an accident or injury. Examples of accidents that often lead to the filing of a personal injury lawsuit include:
- Car accidents
- Work-related injuries
- Oilfield Accidents
- Bicycle accidents
- Defective product injuries (product liability)
- Truck accidents
- Motorcycle crashes
- Aviation accidents
- Construction accidents
- Premises liability claims
The process of filing a claim often begins with filing a petition (the lawsuit). To do that, you need to find and hire an experienced Houston personal injury attorney first. Hiring an experienced attorney substantially increases the chances that you’ll recover full compensation for your injuries and damages, allows you to access the best medical care, and you don’t have to come out of pocket, because most firms, like ours, work on a contingency fee.
Understanding the Personal Injury Claims Process in Houston, TX
Before diving into the process of filing a personal injury claim in Houston, it helps to understand some of the common terms used in personal injury cases, such as:
- Victim – The injured person. May be referred to as the plaintiff, accident victim, or claimant.
- At-fault party – The party that caused the injury. May be referred to as defendant or insured.
- Liability insurance – Insurance coverage compensates injured victims when an insured causes an accident or personal injury.
- Claim – Refers to the claim filed with an insurance company for payment of damages.
- Lawsuit – Refers to the legal case filed with the court seeking compensation for damages.
Now, let’s look at the typical steps in the process of filing a Houston personal injury claim.
Filing an Insurance Claim
Most personal injury cases begin with insurance claims. Generally, you’ll file a claim with the insurance company or a lawsuit in court against the at-fault party. Steps in the insurance claims process include:
Investigating the Claim
The insurance company assigns a claims adjuster to investigate your claim. The adjuster’s job is to determine if the insured caused your injuries, whether the policy covers the incident, and how much your damages are worth.
While the insurance company investigates the claim, your attorney will likely file your lawsuit. A Houston personal injury lawyer will also conduct an independent investigation to gather evidence proving causation, fault, and damages. To receive an insurance settlement, you must prove the other party caused your injuries and damages.
Calculating the Value of Damages
When you complete medical treatment (i.e., you reach maximum medical improvement), your attorney calculates how much your personal injury claim is worth. The value of your case depends on many factors, including:
- The type of injuries you sustained
- The severity of your injuries, including scarring, disfigurement, impairments, and disabilities
- The type of medical treatment required and the duration of your recovery
- Whether you can return to work or earn any income
- The impact of your injuries on your quality of life
- The availability of insurance coverage and the policy limits
- Whether you could be partially to blame for your injuries
Texas tort laws provide for compensatory damages, which are designed to compensate you for the expenses and harm you sustained as a result of the accident. You could receive economic damages, such as medical bills, property damages, rehabilitative care, out-of-pocket expenses, and loss of income.
Damages also include non-economic damages. These damages represent the pain and suffering you experienced, such as emotional distress, physical discomfort, mental anguish, and loss of enjoyment of life.
Preparing a Settlement Demand Letter
Once your lawyer has investigated your case and determined the full extent of your injuries and damages, they’ll prepares a settlement demand to send to the insurance company. The letter is included with a package of documents supporting your claim. Settlement demand letters typically include:
- A detailed description of the accident, how it happened, and how it should have been prevented
- An analysis of the law and the legal basis for holding the insured responsible for the victim’s damages
- An extensive overview of the victim’s injuries, financial losses, and other damages
- A summary of the victim’s economic and non-economic damages
- A demand that the insurance company pay a specific sum of money (i.e., the demand) within a specific period of time or the case will proceed to trial
Settlement Negotiations
Negotiating a settlement for a personal injury claim could take several weeks or months. Your attorney and the insurance company may go back and forth, debating various issues related to the cause of the accident, contributory fault, the values assigned to damages, and mitigation of damages.
Filing a Lawsuit for a Houston Personal Injury Claim
If settlements discussion fail, you want a lawyer who is prepared to take your case to trial.
Our Houston personal injury lawyers are known for recovering some of the largest verdicts and settlements in history and won’t hesitate to take a case to trial when the insurance company refuses to offer a settlement that fully compensates our client for all their injuries and damages.
The steps in a personal injury lawsuit generally include:
Filing the Petition
A personal injury lawsuit begins when the injured party/plaintiff files a petition with the civil court. The petition expains what happened, the parties involved, the legal basis for holding the at-fault party responsible, and an overview of the damages that have been sustained as a result of the accident. The complaint is served on the at-fault party/defendant.
The insurance company will hire its own attorney to respond to the petition within the answer deadline, which, in Texas, is 21 days from the time the lawsuit is filed and served on the defendant.
Discovery Process
The parties engage in discovery to obtain additional evidence and information to prepare for trial. Discovery tools they may use include interrogatories, request for production, request for admissions, depositions, subpoenas, and depositions on written questions.
Settlement Negotiations
The parties may engage in settlement negotiations again at a court ordered mediation, which typically occurs 4 to 6 months after the lawsuit has been filed.
Pre-Trial Motions
If settlement negotiations fail, the parties file pre-trial motions. The motions address questions of law, such as admissibility of evidence, the legal and evidentiary support for various claims and defenses that the parties have asserted in the lawsuit, and requests to have expert witnesses limited or stricken from the case all together.
Judges will typically rule on pre-trial motions well in advance of trial.
Trial and Verdict
During the trial, the attorneys for each party make opening statements. The plaintiff presents their case first, followed by the defendant. The jury is the trier of fact. Jurors decide what evidence to believe and whether the evidence proves the elements of the case.
Payment of Verdict or Appeal
If the jury awards damages to the plaintiff, the insurance company may pay the award (verdict). If the insurance company believes they received improper rulings during the trial or that the jury acted inconsistent with the evidence that was introduced and presented in the case, they can file an appeal, which extends the amount of time they have to pay the verdict or award.
Should I Accept a Settlement Offer or Go to Court After Filing a Houston Personal Injury Claim?
Whether you accept a settlement offer or go to court depends on the factors involved in your case. An experienced Houston personal injury lawyer can help you weigh the pros and cons to make an informed decision.
However, it is unwise to accept a settlement offer without legal advice. It is always in your best interest to discuss your case during a free consultation with an attorney before you accept a settlement offer. Once you agree to a settlement and sign the “release,” you are forever barred from filing a lawsuit against the defendant for the injuries that you suffered in the accident, even if the settlement is far less than your case is actually worth.
Undefeated Texas Personal Injury Lawyers With Billions Won for Our Clients. Call 1-888-603-3636 or Contact Zehl & Associates Online for a Free Consultation
While there are lots of personal injury lawyers to chose from, only a select few have taken on the largest companies in the country at trial and consistently won the largest verdicts and settlements in history.
In addition to being undefeated, our Texas Personal Injury Lawyers have consistently set records for our clients, winning the largest personal injury verdict and settlements in Texas.
If you or a loved one were seriously injured due to someone else’s negligence, call 1-888-603-3636, utilize the “chat” feature on our website, or click here to email us via our “Contact Us” page.
Our skilled Texas personal injury lawyers will provide clear answers to your questions, clarify your legal rights and options, and offer the crucial information you need to determine the best course of action for you and your family.
All consultations are free, and you owe us nothing unless we win compensation for your case.
To discover more about our track record of success in representing victims of serious personal injuries, please visit our “Results” section or click here to read testimonials from our clients about their experiences with our firm.
Based in Harris County and Midland County, we regularly represent clients in cities throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours