Personal injury claims may arise out of various situations. You may sustain injuries in a car crash, slip and fall accident, or medical negligence. If you have been injured in an accident, you want to be compensated for it along with the resulting losses you suffered. A personal injury attorney at The Stano Law Firm can help you pursue the compensation you are entitled to if you got hurt due to somebody else’s negligence. But before you file a claim, take your time knowing the process involved. Personal injury cases in Houston, Texas usually involve the following:
Hiring an Attorney
While you are not legally obliged to hire a lawyer to handle your personal injury claim, you can benefit from having one on your side. This is especially the case if you sustained a severe or catastrophic injury. A life-changing accident and injury demand expert legal guidance and support. You must work with an attorney with extensive experience handling the type of accident and injury you have. Also, the lawyer must be well-versed in the kind of negligence that caused your injury.
Investigation
After an attorney takes on your case, they will investigate the accident you were involved in. This investigation is meant to determine the cause of the accident that resulted in your injury, identify the party responsible for the accident, and review your medical records to determine how injury impacts your life and ability to work. Also, your attorney will collect evidence to support and strengthen your claim, as well as consult with expert witnesses regarding issues like causation, damages, and liability. A thorough investigation will determine your legal right to file an injury claim and the party liable for your damages. Your injury attorney can calculate your losses based on the evidence available and expert testimony.
Sending a Demand Letter
The majority of people assume that they need to sue to recover monetary compensation for personal injuries. But the truth is that most claims are resolved through settlement negotiations. Your lawyer will send a demand letter to the negligent party to get settlement negotiations underway. This letter will include a summary of the incident and the event that resulted in your injury, injury details, a complaint against the other party, applicable statutes, and the compensation amount you are seeking. Once the other party or their insurer gets the demand letter, they may make a settlement offer, which is usually lower than you deserve.
Negotiating a Settlement
Your personal injury attorney will advocate for you in settlement negotiations. Usually, insurance providers take advantage of people who represent themselves. Your injury attorney will handle talks with the other part for you. They argue that you deserve maximum compensation based on the evidence presented and counter the arguments from the insurer regarding fault.
Filing an Injury Lawsuit
If your attorney and the insurance company of the at-fault party cannot reach a fair settlement, you may need to bring a lawsuit in court. This starts the litigation stage of your claim, which may lead to your case going to trial.
Your attorney will create and submit a formal complaint and civil summons to the court. Given their knowledge of the local court, your attorney can determine where to file your lawsuit and take care of the paperwork for you.
Once you have filed a lawsuit in court, the complaint and summons will be served to the defendant. By filing a lawsuit, you demonstrate that you are serious about seeking compensation. Settlement negotiations may continue even during this stage. But you must not rely on a pre-trial settlement. Instead, you should prepare for a court trial where you might get the compensation you want if you win the favor of the judge or jury.