Timeline of a Personal Injury Case from a Houston Personal Injury Attorney

Timeline of a Personal Injury Case

Many ask how long a personal injury case takes in Houston, TX. The answer depends on many case-specific factors. Each case is unique. Some injury cases will settle within a few weeks after the settlement demand, and others can take years to complete. Here is why some cases can take longer than others in Houston, TX.

Seeking Immediate Medical Attention

The first and most crucial step following any injury is obtaining medical care. Receiving medical care ensures proper treatment and creates essential medical documentation that links the injury to the incident. These records serve as the foundation of your case, proving the extent of your injuries and their impact on your life.

Tip: Delaying in seeking medical treatment or not following up on your doctor’s instructions can harm your case. 

Consulting a Personal Injury Attorney

Partnering with an experienced personal injury attorney is vital to the success of your case. During the initial consultation, the attorney evaluates the incident, explains your legal rights, and determines the potential value of your claim. This phase is essential for crafting a strategy tailored to the specific circumstances of your case.

Picking the Right Personal Injury Lawyer

Factors to consider are:

• Years of experience
• Awards and peer recognition
• Results in similar types of cases
• Niche expertise
• Reputation

Investigating and Gathering Evidence

A thorough investigation is conducted to establish liability and substantiate your claims. This stage involves:

• Collecting Evidence- Gathering police reports, witness statements, photographs, surveillance footage, and accident reconstruction, if needed.
• Reviewing Medical Records- Compiling all relevant medical documentation and expert opinions to prove the nature and severity of your injuries. Often, your attorney will consult with your treating physicians about the extent of your injuries and future needs.
• Assessing Damages- Analyzing financial losses such as medical bills, lost wages, property damage, and non-economic damages like pain and suffering. Experienced personal injury lawyers know how to evaluate your damages.

Tip: Getting evidence at the scene of an accident can give your lawyer a head start in winning your case.

Filing Insurance Claims

Your attorney files your claim with the relevant insurance providers of the at-fault parties. This step requires detailed communication with insurers to present evidence supporting your claim and counter any attempts to devalue it. Insurance adjusters will often employ tactics to minimize your compensation, making it critical to have legal representation during this phase.

If you will hire a personal injury lawyer, do so as early as possible. Negotiating with an adjuster without an attorney can adversely impact your case.

 Negotiating a Settlement

Settlement negotiations begin after sending a demand letter outlining your injuries, expenses, and the compensation sought. This phase includes:

• Demand Letter Submission- A formal document specifying your case details and requested compensation.
• Counteroffers and Negotiations- Insurers may counter your demand, and your attorney negotiates to reach a fair agreement.
• Evaluating Offers- Your attorney assesses whether the proposed settlement adequately covers your damages.

Many cases are resolved at this stage without the need for litigation. However, if a fair agreement cannot be reached, the process advances to a lawsuit.

Filing a Lawsuit

If negotiations fail, your attorney initiates a lawsuit by filing a complaint in the appropriate court. This document formally states your allegations and the compensation sought. The majority of personal injury cases are settled before a trial. Yet, often, an attorney must file a lawsuit to get the insurance company to offer a fair settlement.

The litigation phase includes several sub-stages:

A. Pleadings

The defendant responds to your complaint, often denying liability and raising defenses. This phase sets the stage for the legal battle.

B. Discovery

Both parties exchange information to build their cases. Discovery methods include:

• Interrogatories: Written questions requiring sworn answers.
• Document Requests: Requests for records, reports, and other evidence.
• Depositions: Sworn testimonies from parties, witnesses, and experts.

Discovery ensures transparency, helping both sides assess the strengths and weaknesses of their cases.

C. Pre-Trial Motions and Mediation

Before trial, parties may file motions to dismiss claims or limit evidence. Mediation or arbitration is often pursued as an alternative resolution method to avoid the time and expense of a trial.

Trial

If no settlement is reached, the case proceeds to trial. During the trial:

• Presentation of Evidence- Both sides present arguments, evidence, and witness testimonies. The plaintiff always goes first and carries the burden of proof.
• Jury Deliberation- The jury evaluates the evidence and determines liability.
• Verdict and Compensation- The jury or judge issues a verdict and awards compensation if the defendant is liable.

Trials can be lengthy and unpredictable, emphasizing the importance of strong preparation and skilled legal representation.

Post-Trial Resolution

Even after a verdict, additional steps may arise, such as:

• Appeals- The losing party may appeal the decision, potentially prolonging the case.
• Settlement of Liens- Any outstanding medical liens or legal expenses are addressed before disbursing compensation.

Disbursement of Funds- Once all obligations are settled, the remaining funds are provided to you out of the attorney’s trust account.