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What Are the Steps for Filing a Personal Injury Lawsuit in Texas?


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If you’ve suffered an injury, medical bills, and lost wages due to someone else’s negligence, filing a personal injury lawsuit could be the way to recover the compensation you deserve.

Often the insurance adjuster will try to offer a low ball amount in settlement for your case, and filing a lawsuit against the at-fault person may be necessary. Getting counsel from an experienced personal injury lawyer near me should be the first step in evaluating your options.

Steps for filing a personal injury lawsuit

Steps to Filing a Personal Injury Lawsuit in Texas

While every case is unique, the personal injury claims process is fairly standard.

Our personal injury law firm has handled personal injury lawsuits in Texas for over 38 years. We recommend exploring settlement options in most cases before filing a lawsuit.

Here is the personal injury claims process that precedes filing a personal injury lawsuit.

Medical Treatment for Injuries Suffered in the Accident

One of the elements in a personal injury lawsuit is damages. While compensation can include economic and non-economic damages in Texas. Most personal injury lawsuits include claims for physical injury from an accident.

Evidence of medical treatment needed for the accident and often a doctor’s testimony regarding the injuries and cause of the injuries is one part of a personal injury lawsuit.

Victims should tell their physicians every symptom that they have when seeking treatment. Documentation is necessary to hold another person liable for damages.

Obtain Vital Evidence

Obtaining vital evidence to protect your rights is important for your insurance claim and the compensation you can receive.

People rely upon a police report and the investigating officers to document all evidence necessary to win a case. Unfortunately, in Houston, the crash report does not often contain all of the necessary information to help the case.

If your injuries are severe, retaining a personal injury attorney early in the process can help the investigative portion of the claim. Experienced attorneys know what evidence is needed to win a case.

Filing an Insurance Claim

The next step in the claims process is making an insurance claim with the at-fault person’s insurance company. Filing a claim with an insurance company can be a frustrating experience for many who are inexperienced in handling claims.

The insurance company adjuster is not on your side and will do whatever they can to limit or deny the case.

The Demand Letter

the insurance company will usually require the accident victim or their lawyer to make the 1st move and offer to settle the case. Attorneys do this in a settlement demand letter written to the adjuster that outlines the claims, proof, damages, and the amount the attorney feels is fair and just compensation for their client. If the claim cannot be settled reasonably without litigation, your attorney will evaluate filing a personal injury lawsuit to obtain the compensation you deserve for your claims.

It is important to note that even when a personal injury lawsuit is filed, a small percentage of the cases go to a jury verdict for resolution. In other words, most cases settle at some point before trial.

When to Consider Filing a Personal Injury Lawsuit

If settlement discussions have not been fruitful, sometimes filing a lawsuit and going to trial are the only ways to handle the case. Lawsuits are expensive and require a contingency fee attorney to expend out-of-pocket money to advance the case. If your damages are large and the settlement cannot be achieved pre-litigation, filing a suit may be the move to make.

Often, lawsuits are needed when liability is disputed, and common ground in settlement discussions is difficult.

The Expenses of Filing a Lawsuit

Every case filed incurred expenses and substantial time commitment from the client and lawyers. Examples of case expenses include the following:

Contingency fee attorneys will evaluate the case with an eye toward the costs and time requirements in deciding to take or file a personal injury case or the viability of taking a case to court. Some types of personal injury cases are very expensive to pursue.

Understanding the Personal Injury Claim Process

Personal injury, a wide-ranging term covering physical or mental damage caused by someone’s inattention or recklessness, can take many forms.

These could include car accidents, falls and slips, and medical negligence cases. And dangerous product responsibility. Having an adequate knowledge of the legalities related to personal injury claims will enhance your chances of success in obtaining financial reimbursement for damages such as medical bills, lost income, and mental anguish.

Generally, in Texas, there are typically two years within which one must file a lawsuit to protect your right to seek compensation. There are exceptions to the general rule in Texas, so consult a personal injury lawyer near me for specific guidance.

Read More: What are the Chances of Winning Your Personal Injury Lawsuit

Get Help From an Experienced Attorney

Engaging the services of an experienced personal injury lawyer is highly recommended if you are looking at claiming to sustain injuries from another party’s carelessness – be it on purpose or through negligence.

The best attorneys specialize in specific types of cases and have expertise when dealing with insurance companies while advocating for their clients throughout proceedings, thus increasing prospects tremendously compared to those without representation,

Understanding the details of the personal injury claims process can help you get rightful compensation.

Initial Consultation with a Personal Injury Attorney

Houston personal injury lawyer Greg Baumgartner Baumgartner Law Firm

When beginning a personal injury lawsuit, consulting with an experienced personal injury attorney is important. This initial consultation will help in evaluating your claim. Make sure to share all the available evidence, such as police reports or recordings of the accident scene or witness information, when meeting with this attorney.

Understanding what is involved throughout the court proceedings for personal injury cases is essential for obtaining the compensation you are entitled to receive.

Choosing which personal injury attorney should handle your case demands thorough consideration; ask about their previous experience on similar claims, their policy relating to client communication issues, and any other questions you may have before making your decision. Here’s what one must do.

  1. Research their history of successes of personal injury attorneys related to your type of suit.
  2. Get details regarding client communication methods.
  3. Gather relevant documents associated with the situation.
  4. Bring notes compiled from the investigating process during the consultation session.

Selecting a Top Personal Injury Lawyer in Texas

When selecting a personal injury attorney in Texas, it’s essential to weigh the relevant experience and expertise they offer. During your initial consultation, you can ask about their success rate with similar cases and other concerns, such as communication policies.

Having an experienced and knowledgeable lawyer advocate for you in court will give you greater chances of obtaining favorable results. Always research the lawyer you are considering before you sign the retainer agreement. Many personal injury victims do not know an attorney’s qualifications when they hire them, which can lead to issues and reduced compensation.

Getting a top personal injury lawyer in Texas requires research on qualifications, expertise, and experience.

Importance of Candor with Your Attorney

Maintaining honesty with your lawyer is essential to the success of any personal injury lawsuit. By giving all pertinent information associated with the case, even if it may hurt your case, your odds of getting effective legal representation are the best.

Many cases are lost simply because the client did not tell their attorney everything. Good or bad, a lawyer can’t deal with an issue they do not know about or only learn about something after damage to the case has been done.

Gathering Evidence and Investigating the Accident

It is essential to gather evidence and examine the car accident with a personal injury case. The sooner you hire an expert injury attorney or begin the investigation, the better for most personal injury lawsuits.

Kinds of Evidence to Get

Common types of evidence used include medical records, witness statements, pictures/videos from the incident location, professional opinions, and documents highlighting financial losses or pain experienced due to said injuries.

Working closely with your lawyer will help assemble all necessary proof for determining fault when another’s actions have harmed someone.

Evidence that can assist this process includes.

Determining Liability and Filing the Claim

Personal injury lawyers will seek compensation by submitting a claim with the insurance company on your behalf. This document should provide an overview of how you were injured, what damages have been incurred, and, ultimately, a demand for damages.

Filing a claim includes a notice letter including the attorney’s contact information, details about what happened, liability issues, and when the accident occurred. The claim also includes the injuries sustained and the medical treatment.

After filing this package for evaluation to determine liability, negotiations with the insurer for a personal injury settlement can begin when the medical damages are known or after providing the family information for a wrongful death lawsuit.

Negotiating with the Insurance Company

In the personal injury claim process, negotiating with the insurance company is crucial to reaching an agreeable resolution that does not require court proceedings.

Knowing the insurance policy limits beforehand can help with settlement negotiations. The insurance adjuster will typically offer a very limited or lowball first offer. The low first offer is a negotiation tactic to set low expectations for the case. Many personal injury claims require a lawsuit to be filed before the adjuster gets realistic on how much compensation and the claim’s value.

It all comes down to finding a fair settlement suitable for everyone involved – something which communication between the claimant’s attorney & insurer may yet help achieve!

Filing a Lawsuit

If litigation is necessary, your attorney will draft and file your lawsuit. A lawsuit contains information needed to give the defendant or wrongdoer fair notice of your claims and damages. Generally, the lawsuit will identify the parties and set forth what the defendant did wrong that caused the damages to the plaintiff.

In Texas, personal injury lawsuits can be properly filed in two places. First, in the county of the accident or where the defendant resides. These venue options are for lawsuits where both parties are living in Texas.

Discovery Phase

If pre-suit settlement talks are not fruitful, an experienced personal injury lawyer will file a lawsuit. Generally, in Texas, the lawsuit will be filed where the accident occurred or where the defendant resides.

After that, the discovery stage starts. During this stage, both parties exchange information about the incident, their claims and defenses, and other evidence to help their case. The discovery phase may also uncover new facts, such as witness testimony, statements or video footage unavailable, and the exchange of evidence intended to be used in a trial.

The Personal Injury Trial

If mediation fails, a trial will ensue where either a judge or jury makes an ultimate judgment about liability for harm to the plaintiff and the amount of damages.

During court proceedings, both sides present arguments and supporting evidence. Parties and witnesses will testify. After reviewing all this information, the jury or judge will deliberate and then provide their verdict, which could include monetary compensation if responsibility is proven on behalf of the defendant.

That litigation can take time, and results are never certain given numerous variables such as the credibility of witnesses, strength & persuasiveness of argument, and the attorneys’ effectiveness.


Sometimes, a party can appeal the verdict. An appeal is more likely when the damages are large or a clear effort occurred in the case. When an appeal is filed, a briefing of the issues and evidence is filed for determination by the appellate court.

Types of Personal Injury Cases

Personal injury claims can stem from the following:

Call Baumgartner Law Firm for Help With a Serious Injury Claim

If your damages are significant and not simply a small personal injury claim, you need the best local attorney you can find. Always look at the qualifications of the attorney you choose before you hire them for your case. Find an attorney with expertise in the kind of case you have.

Small personal injury claims do not require substantial expertise; the best lawyers will probably not handle small cases.

If you need back surgery, you will seek the best orthopedic doctor specializing in back surgery. You would not go to a general practice doctor for the operation. Personal injury cases are no different. Get the law firm that can best handle the case.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

Frequently Asked Questions

How long does it take to make a personal injury claim?

A personal injury claim in Houston typically takes about a year to conclude if the claim is settled, although some can be settled sooner. If a lawsuit is filed and the case requires a trial, the claim can take two years or more to conclude.

How do I prepare for a personal injury claim?

Get the necessary medical treatment, document your damages, and save everything related to the case. Hire the right attorney as soon as possible. The earlier you get an experienced personal injury lawyer, the better.

What are the elements of a personal injury lawsuit?

To bring a personal injury lawsuit, it must be established that there was an obligation of duty on the part of another party, which they breached and caused you damages.

What is the statute of limitations for filing a personal injury lawsuit?

Generally, A personal injury lawsuit for a traffic accident in Texas must be filed within two years from the accident date. Exceptions exist, and jurisdictions and claim types vary on limitations dates, so always consult a personal injury lawyer near me for answers for your specific case.

A Comprehensive Guide to Filing a Personal Injury Claim in Houston

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Demonstrative Evidence in a Personal Injury Trial

Compelling Reasons to Consider Legal Consultation Before Proceeding Hiring a Lawyer

The Likelihood of Your Car Accident Case Going to Court

Why a Personal Injury Case Goes to Trial?

What Does a Houston Personal Injury Lawyer Do?

About Our Law Firm

Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.

Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.