What Does a Personal Injury Lawyer Do?
A personal injury lawyer is a licensed attorney who represents accident victims in seeking compensation for their injuries. Once retained, a personal injury lawyer will do many of these things depending on the case:
- Counsel their client
- Investigate the accident
- Gather evidence
- Hire expert witnesses
- File a lawsuit
- Conduct lawsuit discovery
- Take depositions
- and more.
Personal injury attorneys help people with various matters, including auto accidents, dog bites, and child injuries. Finding the right personal injury lawyer for your accident should be a top priority.
What to Expect from a Personal Injury Attorney in Houston, TX?
Learning About You, Your Injuries, and the Accident
Aย Houston personal injury lawyerย will first take the time to learn about you, your injuries, and the accident that caused them. This includes gathering information about the accident, such asย police reports, witness statements, andย medical records. Theย lawyer will also askย questions about your injuries, medical treatment, and how they have affected your life.
During your meeting with aย personal injury attorney, you can gauge if this person is the right attorney for your case. Ask yourself:
- Are they reputable?
- Are they experienced?
- Will I get the personal attention I deserve?
If the answers are positive,ย hire that attorneyย and let them handle your case while you recover from your injuries.
Initial Investigation by the Personal Injury Lawyer
Once the personal injury lawyer understands the accident and your injuries, they willย investigate the case.ย This may involve:
- Visiting the accident scene,
- Getting the crash report
- Interviewing witnesses, and
- Consulting with experts
- Obtaining your medical records
- Look for other evidence, such as video
- Download black box data
The lawyer will get and review all the evidence and use it to build a strong case on your behalf. Once your medical records are in hand, the personal injury lawyer will startย negotiating with the adjusters.
Negotiating a Settlement with the Insurer
Many personal injury cases involve negotiating with insurance companies. The insurance company will try to settle the case for as little money as possible. However, a Houston personal injury attorney will know how to negotiate with the insurance company to ensure you receive a fair settlement. The lawyer may take the case to court if the insurance company is unwilling to negotiate or is offering a low settlement. The process of negotiation with the insurance company includes the following:
- Sending a Notice of Representation: The first step in dealing with the adjuster and insurance company is to notify them of your representation. This letter directs the insurance company to deal with the attorney and not contact the client directly. The notice letter should eliminate the demand from an adjuster that they must have a statement from you.
- The Demand Letter: After your attorney has obtained all your medical bills and records, they will evaluate the damages and liability and devise an initial demand to settle your case. If a settlement canโt be achieved, the adjuster will negotiate or deny the claim from that number and the liability summary. At this stage, an experienced personal injury lawyer will file a lawsuit on your behalf.
What Kinds of Compensation Can Be Sought in a Personal Injury Case?
In Texas, bothย economic and non-economic damagesย can be claimed, provided there is supporting evidence.
Economic Damages
- Lost wages
- Medical expenses
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Disfingrement
- Disability
Filing Your Personal Injury Lawsuit
If the case goes to court, your personal injury lawyer will represent you throughout the legal process. This includes filing the necessary paperwork, presenting evidence, and arguing your case before a judge and jury. Your lawyer will use their knowledge and experience to protect your rights and fight so that you receive the compensation you deserve. The injury lawsuit process includes the following:
Pretrial Discovery
Pretrial discovery involves obtaining evidence from theย defendantย about the case. The discovery process starts with initial disclosures required in Texas.
Disclosure
Parties to aย personal injury case in Texasย must โdiscloseโ information and evidence to the other side as the first step in the litigation process. Your attorney will prepare and file theย disclosuresย with the court and opposing counsel. Things that must be revealed to the opposing side include:
- Witnesses
- Theory of liability or defenses
- Experts
- Insurance coverage
- Economic damages
- Other kinds of damages are sought.
After the initial disclosures are out, other forms of discovery can begin.
Interrogatories
Interrogatories are written questions about you, the accident, and yourย injuries and damages. Your law firm will work with you to answer the questions, which are done under oath. Also, your lawyers willย ask the defendants essential questions.
Requests for Production
These ask for documents and evidence from the other side to support or discover claims in your case, so that justice can be done. An experienced trial lawyer will prepare your requests to build your case.
Requests for Admissions
Requests for admissions in Texas are a way to โnail downโ facts not in dispute, saving time and money in the lawsuit discovery process.ย
Often, discovery disputes arise, and a party will ask the judge to rule on a partyโs objections and compel discovery.
Depositions
Your attorney can take depositions from the other side and any facts or expert witnesses. Likewise, the defendant can question you under oath. Personal injury lawyers meet with andย prepare their clients for depositions. Usually, your deposition will occur at your attorneyโs office.
Motions
Legal professionals will file motions with the court to obtain or limit discovery. Motions can also be used to determine the caseโs outcome or limit evidence to be heard by the jury. Some common motions are:
- Motion to Compel discovery from the other side, who refuses to answer parts of your discovery.
- Motion for Protection asking the court to limit or prevent discovery for irrelevant or over-broad requests or protected matters.
- A motion in Limine asks the judge to limit the evidence in the case. It speeds up trials and keeps out irrelevant or highly prejudicial material.
- A motion for Summary Judgment asks the judge to rule on disposing of the case or some claims or defenses before the trial begins.
Harris County judges require parties to attendย mediationย before trial. Most personal injury cases are settled before a jury verdict, and many atย Mediation. Mediation is when a neutral attorney is agreed upon by the parties or appointed by the court. The attorney acts to settle the case between the parties.
The Personal Injury Trial
Aย personal injury trialย can be as short as a day or two or can go on for months. The process has several stages, which are:
- Jury selection: Picking a jury for your case involves asking a panel of potential jurors about their backgrounds, feelings, and beliefs. The process allows both sides time to ask questions and identify jurors who will be fair and impartial in the case. Each side gets to strike a set number of potential jurors, and the judge typically strikes many on the objection of a party.
- Opening statement: The opening statement summarizes the case told to the jury as soon as the jury is selected and seated for the trial. Openings will be based on what the attorney expects the evidence to show for their side of the case.
- Case in chief: Each party gets to call fact and expert witnesses, examine and cross-examine witnesses, and offer evidence, which the judge will rule upon.
- Closing statements: Final arguments come after the conclusion of the case in chief. Your attorney will summarize the evidence and ask the jury to award damages.
- Jury questions: After the closing statements, the judge will read written jury instructions outlining the juryโs responsibilities and giving the jury specific questions to answer. Questions involve legal responsibility, damages, and defenses. The answers to those questions determine the outcome of your case.
What Kinds of Cases Does a Personal Injury Attorney Handle?
A personal injury attorney can handle many different types of cases. Some personal injury lawyers specialize in niche practice areas, while others focus on generalย injury and accidentย cases. Here are the main areas forย personal injury lawย practices:
- Car accidents
- 18-wheeler accidents
- Uber accidents
- Lyft Accidents
- Dog bites
- Daycare injury
- Construction site injury
- Wrongful death lawsuits
- Work injury
If you have been hurt in an accident, speaking to a personal injury lawyer is a good first step in learning your rights and options. Getting fair compensation often requires the help of an experienced attorney.
Why Hire a Personal Injury Lawyer
You may wonder whether toย hire a personal injury lawyerย if youโve been injured in an accident. Whileย handling your claimย is possible, it can be difficult, time-consuming, and lead to less-than-optimal compensation.
Here are a few reasons why hiring a top-ratedย personal injury attorney in Houstonย can be beneficial:
- Experience and Knowledge Personal injury attorneys have the knowledge and experience to navigate the legal system, negotiate with insurance companies, and fight to get you the compensation you deserve. They understand the complexities of personal injury law and can use that knowledge: to your advantage.
- Objectivity: After an accident, itโs common to feel overwhelmed and emotional. A personal injury attorney can provide a level of objectivity that you may not be able to achieve on your own. They can help you make rational decisions, ensure that emotions donโt compromise your case, and evaluate what your case is worth.
- Resources: Personal injury cases can require a lot of resources, including medical experts, investigators, and accident reconstruction specialists. A personal injury attorney has access to these resources and can use them to build a strong case on your behalf.
- Contingency Fee Payment Structure: Most personal injury attorneys work on a contingency fee basis, which means they only get paid if you win your case. This payment structure allows you to get the legal help you need without worrying about upfront costs.
- Maximum Compensation: Ultimately, a personal injury attorney aims to secure the maximum compensation for you. The more money they get for you, the larger their fee. Studies have shown that injury victims receive more compensation with the assistance of a top personal injury lawyer.
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About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads theย Baumgartner Law Firm.
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 inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm has limited its personal injury law practice to serious injury and wrongful death cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
Helping the areas around Houston
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