Available 24X7
(281) 587-1111
(281) 587-1111
(281) 587-1111
May 6, 2023 by Greg Baumgartner
A personal injury can be a traumatic experience, leaving you with physical pain and financial and emotional burdens. Fortunately, the legal system allows you to seek compensation for your damages through a personal injury claim. Getting a Houston personal injury lawyer is a good start.
However, filing a personal injury claim can be overwhelming and confusing. This guide aims to simplify the process for you by providing a step-by-step guide to filing a personal injury claim in Houston, TX.
The first and most crucial step after suffering a personal injury is to get needed medical care. Your health must always be your top priority, so you receive proper medical treatment immediately. Additionally, obtaining medical records and reports can be vital evidence in your personal injury claim.
While you can handle a personal injury claim on your own, hiring an experienced personal injury attorney is recommended to help you through the legal process. A skilled attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Look for a lawyer specializing in personal injury law and with experience in cases like yours. Researching their reputation and track record, including their success rate and any disciplinary actions taken against them, is also essential. Additionally, consider their communication style and whether they make you feel comfortable and supported. Many personal injury cases take longer than one thinks, so finding a good fit with your attorney is important.
Finally, discuss their fee structure and any potential costs upfront to ensure you’re comfortable with the financial arrangements. Following these tips, you can find a qualified and reliable personal injury lawyer to represent your case.
To build a solid personal injury claim, you must gather as much evidence as possible to support your case. Which can include:
Any other relevant documents or information related to your injury or the accident?
After collecting all the necessary evidence, your injury attorney will file a claim with the at-fault party’s insurance company. This claim will include a demand for compensation for your damages, like medical expenses, lost wages, and pain and suffering.
The insurance company may offer a settlement to avoid going to court. Your attorney will negotiate with the insurance company so you receive fair compensation for your losses.
Your attorney may file a lawsuit against the at-fault party if a fair settlement cannot be reached. Your attorney will represent you in court and fight for your right to receive compensation for your losses.
Here are some common mistakes people make when handling a claim without an injury attorney.
Delay in obtaining treatment is a significant factor in insurance companies’ decisions to discount or deny injury claims. Significant gaps in treatment are also a leverage point for insurers.
Accepting an offer without knowing the value of your case can cost you significantly. Always consult a personal injury lawyer or do homework on the actual value of your claims.
Never settle your case when the extent of your treatment is unknown or while you are still getting medical care. Early settlement shifts the loss potential to you.
Often, symptoms do not surface for several days after an accident. We suggest not giving a recorded telephone interview before you know the extent of your injuries.
In Texas, the statute of limitations for personal injury cases is generally two years from the date of the injury or accident. This means that individuals who have suffered personal injuries must file their lawsuit within two years of the incident or risk losing their right to seek compensation. Personal Injury cases can take longer than many expect.
However, this rule has some exceptions, such as cases involving minors or those with mental disabilities. Understanding the statute of limitations in Texas is crucial to ensure that you act promptly to protect your legal rights and receive the compensation you are entitled to.
A lady is injured in a car accident in Houston. She is rear-ended when traffic slows on the highway. The at-fault driver is ticketed for the crash. Believing the claim is straightforward, she claims with the at-fault driver’s insurance company. That insurer “accepts” liability.
Little did she know that the adjuster never intended to pay fair compensation.
The adjuster offers a lowball settlement and refuses to budge. Later, she hires a personal injury lawyer who files a lawsuit, and the case is settled for more than triple the initial lowball offer. Putting more money in her pocket.
Texas employs a comparative fault system, which allocates fault between parties to determine the damages available to the victim. In Texas, a personal injury victim can collect damages if they are less than 51% responsible for the accident or injuries. Whatever percentage of fault is placed upon the victim, under 51%, the compensation is reduced accordingly.
For example, in a car accident case, a jury determines that one driver is 10% responsible and the other 90% responsible for the accident. Damages were assessed at $100,000 in favor of the victim. In this example, the victim would be entitled to $90,000 in compensation or $100,000, less a 10% reduction for contributory fault.
Filing a personal injury claim can be an intimidating process. Still, you can receive the compensation you deserve with representation and support. Remember to prioritize your health, hire an experienced attorney, and collect as much evidence as possible to build a strong case.
By following these steps, you can increase your odds of a successful personal injury claim.
Not sure what to do? Call one of Houston’s best personal injury attorneys at Baumgartner Law Firm for a FREE consultation at (281) 587-1111. Our Houston injury lawyers are here to help!
6711 Cypress Creek Pkwy, Houston, TX, 77069
Related Resources:
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
NEED HELP? HAVE QUESTIONS?
