If you have fallen victim to a motor vehicle accident, slip-and-fall, or a dog bite, you may feel overwhelmed by an ever-growing stack of medical bills – not to mention the emotional and mental challenges that come with the recuperation process.
When your injuries are caused by another person’s carelessness, you deserve to be compensated for your physical, emotional, and mental suffering. Unfortunately, filing a claim with insurance is a time-consuming process, requiring that you provide convincing proof of the other person’s accountability.
Given the challenges of filing a personal injury claim, the Texas personal injury attorneys at Moore Law Firm break down the anatomy of a personal injury to help guide you through the process.
Seek Medical Treatment
Following an accident that caused injuries, you must seek medical treatment immediately. If your injuries are serious, you will want to visit an emergency room to be evaluated by a physician. If your injuries are minor, you can wait to go to a walk-in clinic or see your primary care physician. When you see a doctor, be sure to explain that you were recently in an accident and your chief symptoms. The provider will conduct a complete medical examination, take medical notes, and may order medical imaging if they believe it is necessary for a diagnosis.
By documenting your injuries, you preserve your right to file a personal injury claim. A word to the wise: Do not wait more than a couple of days to be examined. If you delay treatment, the at-fault party may claim that your injuries are unrelated to the accident.
Gather Evidence
Evidence collected in a personal injury case goes a long way to establish liability. At this point in the process, you will want to hire a personal injury attorney to assist you in building your case. For example, if you were in a car accident, a personal injury attorney can help you gather photographs, videos, and eyewitness testimony to determine which driver is at fault.
In many states, if your accident resulted in injuries, fatalities, or more than $1,000 in property damage, you will need to contact the police. The officer who arrives on the scene will file a police report that includes important information regarding your crash. Accessing this police report can fill in any gaps regarding your accident. With this in mind, insurance companies typically require that you attach a police report as part of your demand package.
Submit Your Claim
You will need to submit information establishing the degree of liability the insured holds in the accident and evidence of your accident-related losses. In having a Texas personal injury attorney working on your behalf, you will have someone who will advise you on what information is necessary to prove your losses (i.e., pay stubs, medical statements, vehicle repair receipts, etc.). Your personal injury attorney will organize this information as part of the demand package that is submitted to insurance.
Negotiate with Insurance
Insurance adjusters are always looking at their bottom line, trying to pay out as little as possible on your claim. It takes a skilled negotiator to resolve a personal injury claim quickly and efficiently. If insurance negotiations are stalled or the insurance company is continuously offering you low-ball settlements, you may need to consider taking your case to court. Given these unknowns, a personal injury case can take several months or years to settle.
Statute of Limitations in a Personal Injury Case
Under the Texas Civil Practice and Remedies Code §16.003, you only have two years from the date of your accident or injury to file a lawsuit. If you attempt legal recourse after this time, then you may be barred from recovery. While this limitation period is put into place to ensure the preservation of evidence, there are exceptions that may allow you to file a claim after the two-year period has expired. Even if you believe that you missed the deadline, a Texas personal injury attorney can analyze your situation to determine if an exception applies.
Realities of Personal Injury Litigation
In many cases, insurance companies do not adequately compensate injury victims for future damages, such as future medical expenses or future lost earnings. Furthermore, being compensated for noneconomic damages can be challenging, requiring that you take your case to trial to recover what you deserve.
Of course, taking your case to court does come with drawbacks, the most prominent being the time and expense. However, the cost of litigation can work in your favor, with more evidence coming to light proving the other person’s accountability. With a large portion of most personal injury suits centering around pretrial procedures, you may feel that your personal injury is never going to resolve.
One of the most involved aspects of the pretrial procedure is the process by which both parties exchange information, known as discovery. Discovery typically involves various avenues to acquire information from the opposing party, with initial disclosures requiring that certain information be exchanged. To move the process along, Texas law only allows 180 days to complete discovery. To ensure that this process and all court documents are completed accurately, the Texas personal injury lawyers at Moore Law Firm can handle your case every step of the way.
Contact Our Texas Personal Injury Attorneys Today
If you or a loved one have experienced injuries, lost wages, and mental anguish in the wake of a personal injury or accident, our legal team wants to hear from you. Our Texas personal injury lawyers have experience securing settlements for our clients, giving them the financial resources they need to stand on their own two feet. With top-notch representation, the Moore Law Firm is a trusted choice.
To schedule your initial consultation, contact us online or give us a call at (956) 800-6806 today.