Personal Injury Claims and How They Work
Our law firm does not get paid until we obtain a settlement or verdict for you and will keep you updated during each stage of your case, so you know what to expect as the case moves forward.
After being injured in an accident, facing the prospect of a personal injury lawsuit can be incredibly daunting. Even though it may be the last thing you want to think about after an injury, well behind recovering and getting back to work, it is vital to start thinking ahead to a potential lawsuit as soon as an accident occurs that is caused by someone else’s negligence. Whether you were injured in a car accident, in a workplace mishap, in a slip-and-fall on someone’s property, by a defective product, or in some other manner caused by the negligence of another, it is important to be ready and prepared from the outset. An experienced Houston personal injury attorney can help guide you through the system and make sure that you are as prepared as possible from the beginning of the process through bringing claims, negotiating a settlement and, failing that, going to trial. Below is a look at the process involved in pursuing a personal injury claim in Texas.
Investigating your Personal Injury Claim
If you were injured in an auto accident, there are specific steps you will want to follow, including speaking with the police, filing an accident report with the DMV, and contacting the insurance companies for both you and the other driver(s). More generally, your first step should be retaining an experienced Texas personal injury attorney who knows Texas law.
Your attorney will help you with the initial fact-finding process, during which you and your attorney will investigate the circumstances of the accident that led to your injury. This includes speaking with people involved in the accident and other witnesses, speaking with your employer if relevant, photographing and otherwise documenting the scene of the accident, seeing your doctor and collecting all relevant medical records, and generally collecting as much information as you can regarding the circumstances surrounding the accident. You can use this information, with the help of your attorney, to begin negotiations with the at-fault party (or their insurance company) to see if you can reach a settlement before bringing a lawsuit.
Filing a Personal Injury Claim in Court
Assuming the party responsible for your injury or their insurance company does not offer a reasonable settlement, it may be time to bring a personal injury lawsuit. Texas law gives you two years from the date of the accident to file a lawsuit. Your personal injury attorney will use this time to try to settle the claim pre-lawsuit and to prepare the necessary documents to file the suit.
Your personal injury attorney, with your assistance and input, will file and serve a complaint explaining your claim; file pretrial motions regarding discovery, witness statements, and summary judgment seeking to win on certain issues or win the case outright, where appropriate; attend pretrial hearings and continue to negotiate a possible settlement; argue the case before a judge or jury; and resolve post-trial matters such as motions or appeals to a higher court.
Our Houston personal injury attorney, Charles J. Argento, knows that one of the most common questions our clients ask is, “How long will my personal injury case take to produce results?”
The reality is, all Texas accident, injury, and fatality cases are unique, which means they will each unfold under a different timeline.
Multiple factors determine the length of a personal injury claim, which may include but are not limited to, the attorney’s experience and professional abilities and the liable party’s insurance company’s reasonableness.
Our Houston personal injury lawyer has over three decades of experience successfully representing injury victims throughout Texas. We can help you understand your legal rights and options to hold the liable party accountable for your financial recovery and help explain how long your case will take to produce tangible results.
The Timeline of Every Personal Injury Case is Different
Although a skilled personal injury attorney’s experience can help a case proceed with fewer delays, the timeline for these claims depends on several factors to help avoid them altogether.
Factor One: We Must Be Able to Prove Liability
All personal injury claims require our attorney to first establish fault by proving negligence occurred.
Then we must prove the complete value of our client’s damages and losses.
When personal injury cases are accompanied by challenging legal issues, the case may take longer to build to ensure a successful outcome.
Our skilled Houston personal injury attorney will investigate your case and collect evidence to establish the at-fault party had a duty of care, breached it, and caused a car accident that led the victims to sustain serious losses and damages.
Factor Two: You Are Still Receiving Medical Treatment for Your Injuries
When our clients are still receiving medical treatment for their injuries, they have yet to reach the point when their injuries can no longer be improved.
We must assess your complete injury needs, so no financial detail is left to chance.
That may include compensation for further damages, including permanent disabilities that impact your ability to work, complete daily activities, add to your pain and suffering, or interrupt your overall quality of life.
You never want to settle a personal injury claim until you have reached maximum medical improvement. We want to ensure that you are awarded a settlement that covers all your losses and damages, both past and future, so you are not left paying for them out of your pocket.
Factor Three: The Case Requires Significant Compensation for the Damages
If your personal injury case resulted in significant damages, which in turn requires a substantial compensation settlement to ensure you achieve maximum recovery, your case may take longer to negotiate.
An insurance company will investigate a more substantial payout request longer to ensure they have done their due diligence, or because they believe they have a strong enough case to disprove our client’s injuries.
At Charles J. Argento & Associates, our personal injury attorney in Houston will not back down from a fight with the insurance company. If our negotiations break down at any point, we will litigate your important case inside the courtroom, so you can pursue the financial recovery you deserve.
Speak With an Experienced Houston Personal Injury Attorney
If you or a loved one has been injured as a result of someone else’s negligence, please contact Houston, Texas personal injury attorney Charles J. Argento & Associates. During a free initial consultation, we will evaluate your potential personal injury claim as well as your options for obtaining fair compensation for your injuries and damages. As your Houston personal injury lawyer, Mr. Argento accepts no legal fees until we recover on your behalf.