- The Initial Consultation Between the Attorney and the Victim
- Comprehensive Investigation and Detailed Evidence Collection
- Calculating Damages to Reflect the Case’s True Value
- Negotiating Intelligently With Insurance Companies
- Filing a Lawsuit and Going to Trial for Compensation
- Completing the Settlement and Recovery Process
- Conclusion
A personal injury incident doesn’t guarantee the victim the compensation they want. As with many other outcomes, it follows a detailed legal process in which you must build a convincing case to obtain the compensation you seek. In Texas, working with a personal injury attorney is recommended to help you make the most of the process while ensuring you recover as quickly as possible.
When you work with a personal injury lawyer, you should know the steps they follow in building your case, and this article offers you that.
The Initial Consultation Between the Attorney and the Victim
The foundational and most essential part of building a personal injury case is the consultation the client has with the personal injury lawyer. “It is at this stage that the lawyer gets a sense of the case and understands what the victim expects,” says Texas personal injury lawyer Felix Gonzalez from the Felix Gonzalez Accident and Injury Law Firm.
The initial consultation stage is crucial because it helps the lawyer understand the case and helps the victim understand the lawyer’s approach.
Comprehensive Investigation and Detailed Evidence Collection
Once you decide to hire an attorney, the next phase of the investigation begins. This stage is critical because evidence forms the foundation of any personal injury case, helping prove any assertions made. The lawyer and their legal team will begin collecting all relevant information to support your claim.
The investigation process may include reviewing medical records to establish the extent of your injuries and their impact on your life. The lawyer will also have to obtain accident reports from police or other authorities and interview witnesses who witnessed the incident. In addition, there is a need to gather video footage or photographs from security cameras or bystanders.
Calculating Damages to Reflect the Case’s True Value
The lawyer will start calculating damages, the total financial and emotional impact of your injuries, after gathering the necessary facts. Damages can include economic losses such as lost wages, medical bills, property replacement costs, and rehabilitation expenses. Non-economic damages can also include less tangible losses, such as emotional distress, pain and suffering, and loss of enjoyment of life.
An experienced Texas personal injury lawyer will collaborate closely with medical and financial specialists to meticulously document every expense. This calculation determines the value of your claim and serves as a basis for negotiations with insurance companies or opposing parties.
Negotiating Intelligently With Insurance Companies
Once the lawyer organizes the evidence and damages, they typically file a demand letter with the at-fault party’s insurance company. This letter outlines the facts of the case, explains the damages incurred, and requests a specific amount of compensation.
Insurance companies often start by making lower settlement offers to minimize payouts. However, a skilled personal injury lawyer knows how to negotiate intelligently.
Filing a Lawsuit and Going to Trial for Compensation
If the insurance company refuses to offer a fair settlement, the next step is to file a lawsuit in a Texas civil court. The lawsuit officially begins the litigation phase, where your lawyer presents your case before a judge or jury.
At this stage, a complaint is filed detailing the allegations and the relief sought, discovery is conducted, pretrial motions are filed, and the parties present arguments at trial. Litigation can be lengthy, but it often becomes necessary to secure fair compensation when informal negotiations fail.
Completing the Settlement and Recovery Process
When a settlement or verdict is reached, the lawyer ensures that all medical liens, legal fees, and other expenses are appropriately handled. The remaining compensation is then delivered to you, helping to ease the financial burden caused by the injury.
Conclusion
Every personal injury victim in Texas who received compensation for their claim had to follow a very detailed process. A random approach to this process hardly ever yields tangible results, making it the wrong approach. Instead, consider working with a Texas personal injury attorney who will help build your case one step at a time until you are compensated for your injuries.
