Step-by-Step Guide to Filing a Personal Injury Claim in Texas
Filing a personal injury claim in Texas can be a complex process. Every edge can and likely will affect the value or amount of your claim. With experienced counsel, wisdom and representation, your ultimate success can be accomplished. At Gilbert Adams Law Offices, we are committed to helping injury victims in Beaumont, Southeast Texas and throughout the entire State of Texas secure the compensation they deserve. And we have been doing so since 1930 – for more than 90 years. Here’s a step-by-step guide to filing a personal injury claim in Texas.
Step 1: Seek and Obtain Medical Attention for your Injuries
The first and most important step after an injury is to seek immediate medical attention. Your health is paramount and timely medical care can prevent further complications. Additionally, medical records provide extremely important evidence that links your injuries to the accident, which is vital for your personal injury claim. In the legal and even medical world, this is called “causation.” We all know of horror stories where the insurance carriers like to imply other events or even the passage of time “caused” your injuries.
Step 2: Report the Incident
If your injury resulted from a car crash, workplace incident, or any other situation requiring formal reporting, ensure you file a report with the appropriate authorities. For car accidents, contact the police. For workplace injuries, report to your employer. Proper documentation of the incident is essential for your claim. You will likely be better off if you have had the opportunity to obtain professional advice from experienced counsel.
Step 3: Gather Evidence
Collecting evidence is critical in supporting your claim. This includes:
- Photographs of the accident scene and your injuries
- Electronic crash data stored on the vehicle’s computer
- GPS or DashCam evidence
- Contact information of witnesses
- Police or incident reports
- Medical records and bills
- Any other relevant documentation
The more evidence you have, the stronger your claim will be.
Step 4: Consult a Personal Injury Attorney
Navigating a personal injury case can be challenging without professional help, and people who settle their claims without legal representation don’t receive as much as people who have a lawyer representing them. Consulting a skilled and experienced personal injury attorney from Gilbert Adams Law Offices ensures you have an effective and persuasive advocate on your side. We can evaluate your case, guide you through the legal process, and help you understand your rights and options. Remember, just as not every doctor is qualified or experienced to perform every type of surgery, not every lawyer will be able to meet your needs. For example, just because a lawyer can write a great Will, that doesn’t mean they can handle a personal injury claim or conduct a trial of that case.
Step 5: File a Claim with the Insurance Company
Notify the at-fault party’s insurance company about your intention to file a claim. Provide them with the required information and documentation, but just because they ask for it, that doesn’t mean it’s required! Be cautious when communicating with insurance adjusters, as they may try to minimize your claim by laying traps in the form of recorded statements or with requested medical authorizations. For instance, when an adjuster asks you to “send me your medical bills,” that does not mean that the insurance company is agreeing to pay your medical bills. It’s often beneficial to let your attorney handle these communications.
Step 6: Negotiate a Settlement
Insurance companies may offer a settlement to resolve your claim quickly. However, initial offers are often lower than what you deserve, and worse, they do not account for ongoing or permanent effects from the injury which may not be known for months after the accident. It’s usually better to wait until you have reached a medical plateau before this discussion is even commenced. Before you have stabilized medically, you don’t even know the required future treatment or the costs of that treatment. Your attorney can negotiate on your behalf to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages, not only in the past but also into the future
Step 7: File a Lawsuit if Necessary
If negotiations with the insurance company do not result in a fair offer, you have the option of filing a lawsuit. Oftentimes, this is absolutely necessary. This involves drafting a complaint, serving it to the defendant, and going through the pre-trial discovery process. While many cases settle before going to trial, being prepared to take this step shows the seriousness of your claim, which generally results in a larger settlement knowing you are prepared to go through a trial if that is what is required to obtain fair and reasonable compensation
Step 8: Prepare for Trial
If your case goes to trial, both sides will present their evidence and arguments before a judge or jury. Your attorney will advocate for you, aiming to prove the defendant’s liability and the extent of your damages. A successful trial outcome can result in a judgment awarding you the compensation you seek and deserve.
Step 9: Receive Your Compensation
If you win your case, either through a settlement or trial verdict, you will receive compensation for your injuries. This may cover medical bills, lost income, property damage, and non-economic damages like pain and suffering. Your attorney will help ensure the payment process goes smoothly, including issues involving medical liens, subrogation interests, income tax exposure, future medical care, confidentiality and other important terms of any settlement.
Contact Gilbert Adams Law Offices for Help With a Personal Injury Claim in Texas
Founded in 1930, we’ve been representing people with injuries similar to yours for nearly 100 years. Filing a personal injury claim in Texas involves multiple steps, each requiring careful attention to detail and a thorough understanding of the legal process. At Gilbert Adams Law Offices, we are dedicated to guiding you through each step, advocating for your rights, and securing the compensation you deserve. If you or a loved one has been injured due to someone else’s negligence, contact us today at 409-835-3000 for a free consultation. Gilbert Adams Law Offices is here to support injury victims in Beaumont, Southeast Texas and throughout the entire State of Texas. Let us help you get on the road to recovery.
