5 Facts and Phases Everyone Should Know About Filing a Personal Injury Claim in Texas

Facts About Personal Injury Claim in Texas

At Charles J. Argento & Associates, our experienced personal injury attorney in Houston wants each of our Texas residents to know that personal injury claims involve more than just car accidents and truck collisions.

When negligence is a factor, our clients can get hurt anywhere, anytime, including injuries caused by dangerous products, premises liability, medical devices, during medical malpractice or work accidents.

When they do, our skilled personal injury lawyer in Houston is here to provide the legal representation they need to pursue the negligent person, party, or organization for the financial outcome they deserve.

Before our Houston residents attempt to take on a personal injury claim on their own, there are five important facts they should know about the process, so they can get the help they need from an experienced personal injury attorney in Houston, Texas.

Personal Injury Fact #1: You Are Responsible for Seeking Medical Care After Your Injury Occurs.

You must seek medical care directly after a personal injury occurs to prove you were actually injured during the accident. Even if the first responders release you from the scene, seek medical care right away to get a clear assessment of your injuries. Without medical records that pinpoint your injuries — and provide a wellness plan — you do not have a case.

Personal Injury Fact #2: The Insurance Company Does Not Care About Your Injuries.

Insurance companies exist for one reason, and one reason only: To make money.

They fully understand that their policyholders pay hard-earned money to protect their assets every month, and as soon as something goes wrong, they will place the blame anywhere else, so they do not have to pay for the damages.

Even if they agree that their policyholder was responsible for your injuries, they are going to offer the lowest settlement amount possible, which may not cover your complete recovery needs.

Personal Injury Fact #3: There is a Time Limit to File a Personal Injury Claim.

With very few exceptions, injury victims have two years from the date the accident occurs to file a personal injury claim in Texas. If you are unaware of how our statute of limitations works, contact our skilled personal injury lawyer in Houston to discuss your case today.

Personal Injury Fact #4: Most Personal Injury Attorneys Work on Contingency Fees

At Charles J. Argento & Associates, our skilled personal injury attorney in Houston provides free consultations for all Texas residents. If we do not produce a positive outcome for your case, you do not pay our legal fees, so it costs our clients nothing out of pocket to partner with our attorney. It is that simple. 

Personal Injury Fact #5: Over 95% of All Personal Injury Cases Settle Outside of the Courtroom.

Most injury victims worry that their claims are going to become a long and drawn-out experience that ends in a courtroom battle, which gives them pause when pursuing the negligent party who is liable for their accident occurring.

The reality is, over 95% of all personal injury cases are finalized during settlement negotiations and never reach the inside of the courtroom.

Understanding The Phases of Houston Personal Injury Claims

If you have been hurt in a car or truck accident or were blindsided by a negligent drunk driver, your life is going to look very different than before the collision occurred.

You have already sought medical care, and are attending all follow-up, rehabilitation, and therapy appointments to ensure your injuries are healing properly in hopes that soon you will be able to get your life back.

Soon you will learn your physical and emotional well-being are not the only things that have changed. Your financial stability is probably now in jeopardy from being forced to take time away from work because of your injuries while medical and monthly bills continue to mount.

It is time to pursue the negligent party who caused your injuries for financial compensation through a personal injury claim.

Personal injury claims unfold in stages, and each step requires a skilled approach to producing results.

That begins with phase one.

Phase One: Hire an Experienced Houston Personal Injury Attorney

The best way to learn what you can expect during your pursuit of compensation is by speaking with our Houston personal injury attorney, Charles J. Argento, during a free consultation, so you can make informed decisions about how your case is developed as the legal process unfolds.

You have probably been contacted by the negligent party’s insurance company, and have felt pressured to make a statement, even though you are not physically or psychologically ready to answer questions.

With our Harris County personal injury lawyer by your side, no one will be able to intimidate you going forward. All information and correspondences will go through our office, so you can focus on healing while we prepare your important injury claim.

That includes:

  • Compiling and completing all necessary paperwork, legal documents, and court requirements
  • Notifying the negligent party that we are pursuing their insurance company for damages

Phase Two: Thoroughly Building Your Case

Building your case requires a complete investigation of the accident, its cause, and the circumstances that led to the crash. We will review police reports, witness statements, and all evidence collected from the scene, including photos or videos from the crash, traffic patterns, and street camera footage.

Next, we will assess your complete injuries by reviewing your medical records, your treatment plan, and the overall prognosis, including your short- and long-term medical needs to ensure your no detail is left to chance while we outline your financial requirements.

Phase Three: Enter Settlement Negotiations With the Insurance Company

Once we submit our overall financial requirements to the insurance company, we must give them time to respond.

When they do, settlement negotiations will begin, which may include mediation to ensure the process does not break down before we can reach an agreement.

Most personal injury lawsuits are settled outside of the courtroom, but if our Houston personal injury attorney does not believe the other party is providing a fair response, we will litigate your claim inside the courtroom.

Phase Four, If Necessary: Trial

If settlement negotiations fail to produce the outcome we desire, we will prepare motions and arguments that are designed to produce results for our clients.

Once these are made, a settlement is still possible before we move the case in front of a jury.

Phase Five: Jury Verdict & Payment Collection

Once the court hears the case from both sides, the jury will decide on an outcome. When we are successful, that outcome will award the injured party, our client, a financial verdict.

The defendant can appeal to the award. If they choose not to, we will pursue payment collection immediately.

Factors that will influence the verdict include the severity of the injury or injuries, the number of parties involved, and the damages being sought.

All personal injury cases are unique, and so is the outcome for each of our clients.

If you or someone you love has been hurt in a vehicle collision in Texas contact our experienced car accident attorney in Houston at Charles J. Argento & Associates today to schedule a free consultation by calling (713) 225-5050 or by contacting us online to discuss your case without delay.

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