Table of Contents
Introduction
If you suffered injuries as a result of another person’s intentional harm or negligence, the best way to receive fair compensation is to take legal action. Many individuals have never filed a personal injury lawsuit before. So, it’s normal to find out everything that a personal injury claim involves.
In most cases, people who suffer minor injuries file insurance claims. So they do not file a lawsuit or hire a lawyer. However, serious injuries caused by intentional actions or negligence often require the intervention of qualified Houston personal injury attorneys. With experienced lawyers on your side, you don’t even need to know everything that a Houston personal injury case involves.
They have been in the industry for a long time, so they’ll go through every step of the lawsuit on your behalf. Every personal injury case is unique based on the circumstances and specific facts surrounding it. However, almost every lawsuit will involve the following steps:
Initial Consultation
After an accident, you need to do a few things that will make your case stronger. You’ll need to seek medical attention and collect initial evidence, which includes photos of the scene and more. Once you have received the first treatment and contacted a knowledgeable attorney, the next vital step is to have an initial consultation with your lawyer of choice.
The initial consultation step requires you to meet your personal injury lawyer. During your meeting, you need to discuss your personal injury claims’ circumstances and find solutions to all questions or concerns you may have. Let’s discover some common topics that you can discuss in this step:
- How did the incident take place?
- Who were the victims of the incident?
- What injuries did you sustain due to the incident?
- Who may be responsible for the incident?
- What treatments have you received for the injuries you sustained in the incident?
- What future treatment may you require to treat your injuries?
Your Houston personal injury attorney should give you a comprehensive assessment of your case and advice on the best path to follow based on your lawsuit and unique requirements.
Investigation
Once your Houston personal injury lawyers collect key evidence that can help build a strong lawsuit, they should initiate a full investigation into the circumstances and facts of your claim. In most cases, the investigation step will involve the following:
- Visiting the accident scene and taking more photos
- Obtaining and gathering any incident or accident reports concerning the event that acts as the basis of your lawsuit
- Identifying possible at-fault parties and establishing a claim with insurance companies
- Ordering medical records and bills, as well as any other related expenses for the injuries you sustained.
Medical Care
It’s vital to look for high-quality medical treatment after being injured in any accident. The reasons to seek medical treatment are numerous. Health should be any accident victim’s top priority. Serious internal injuries don’t reveal themselves on the day of the incident. That means receiving the right medical attention could save your life significantly.
Plaintiffs have the responsibility to mitigate their losses. That means they must take reasonable steps to prevent their physical as well as psychological injuries from worsening. If you don’t seek the right medical attention after an incident, whether it’s a dog bite, a car accident, or a slip and fall, the respondent is more likely to argue that you exacerbated your injuries. Also, the defendant may argue that you lengthened the recovery time and that your losses should be reduced.
It is vital to adhere to your doctor’s recommendations and prescriptions to make a complete recovery and reach the ultimate medical improvement. Keep a journal of all medical providers you have visited, the dates you missed your work, and any out-of-pocket costs incurred due to your medical treatments. This will ensure that your lawyer accounts for all damages you may need fair compensation for.
Demand Package
Your demand package will help tell the story of your personal injury case. It’ll explain how the whole incident occurred, the liability theory, and the demand for settlement. Your demand package may include:
- Out-of-pocket expense receipts
- Lost wages documentation
- Medical records and bills
- Photos of your injuries and property damage
- Incident or police report
You need to review your demand package together with your lawyer to make sure it’s complete. Once both of you are satisfied with the demand package, ensure that it’s sent to the concerned insurance company. The insurance firm reviews the demand package and conducts a thorough evaluation of your claim’s value.
Negotiations
Once the insurance company reviews the demand package, it’ll respond with a settlement offer. Your Houston personal injury lawyer will immediately notify you when the insurer makes the first settlement offer. Once you receive the offer, you’ll have to discuss it.
An experienced lawyer will always provide you with different options you’ve at your disposal, depending on the experience or knowledge they have. The final decision on whether to accept the insurance offer, initiate a counter-demand, or file a case is about you. Since you’re the boss, the ultimate decision will come from you.
Settlement
If the settlement the insurer offers meets your needs and expectations, you’ll accept it. The compensation you receive must cover your:
- Injuries
- Pain and suffering
- Property damages.
Once you accept the settlement, your attorney will help you prepare a professional settlement agreement. The settlement agreement outlines all the terms and conditions of your compensation. Before executing your settlement agreement, the lawyer will create a settlement memo that shows how the settlement proceedings will be distributed.
Litigation
If the negotiations stall and your attorney is unable to find a suitable settlement offer, the last step you have is to file a case and present it to a judge. Depending on the depth of the evidence you’ll present in court, the judge will provide the verdict. If your evidence was strong enough to convince the judge, you’ll receive the compensation you lawfully require.
That is why you need to partner with a knowledgeable personal injury attorney in Houston. Experienced lawyers have the knowledge required to fight for your rights until you win the legal battle. Go for experience and enjoy just compensation.
