Understanding Texas’ Personal Injury Lawsuit Process

If you’ve been injured due to another’s negligence, you may decide to bring a personal injury lawsuit against the at-fault party. Personal injury cases vary widely, and so does potential compensation. Awards can range from a few thousand to tens of millions of dollars, depending on the type and severity of injuries suffered. 

Here is a small sample of scenarios in which Burwell Nebout Trial Lawyers may be able to help with your personal injury case:

  • A drunk driver runs a red light and strikes your car
  • A fatigued 18 wheeler driver changes lanes and strikes your vehicle
  • A tire is manufactured improperly resulting in a tread separation and fatal car crash
  • A refinery does not properly perform maintenance resulting in an explosion, fires, and death

Negligence resulting in wrongful death, car accidents, 18 wheeler wrecks, refinery explosions, industrial accidents, product liability, railroad (FELA) incidents, and maritime accidents may result in a personal injury lawsuit.  The skilled legal team at Burwell Nebout Trial Lawyers has helped countless clients get the compensation they need to heal and get their lives back on track. 

Do I Have a Case? 

To bring a successful injury lawsuit, the following two  factors must occur : 

  • Negligence caused the accident; and
  • The negligence caused your injuries

In the case of an auto accident, negligence means a driver did not drive in a reasonably prudent manner.  In other words, the driver didn’t obey the traffic laws or didn’t drive cautiously for the traffic and road conditions. 

If an individual was involved in a car accident caused by another person’s carelessness or negligence, he/she has the right to be compensated for any personal injuries and property damage. In most car accident claims, these monetary damages usually cover such costs as medical expenses, lost wages, pain and suffering, and mental anguish. 

Texas has a two (2) year statute of limitations governing most personal injury claims.  Your case has to be settled or a lawsuit filed before the expiration of two (2) years from the date of your accident.

Steps in a Personal Injury Lawsuit

When a negligent act results in a personal injury,  the two most important questions are: who is responsible and what are the injuries.  If you have suffered a personal injury, it is extremely important to immediately retain a qualified personal injury attorney.  The attorney will have the knowledge and experience to understand the laws applicable to your case, secure the necessary evidence, and pursue your claim against all responsible parties.  You can expect the following to occur in a personal injury case:

  • Consultation: Your initial consultation is free and confidential.  It is an opportunity to explain what occurred, obtain an understanding of the applicable law, confirm the anticipated steps in the legal process, and verify how a contingency fee attorney contract works.   
  • Case investigation: Evidence is critical to a successful personal injury case. This includes financial records, medical records, photographs, video, and witness testimony. Through case investigation, your attorney evaluates both the liability and damage aspects of your case. You can help gather evidence by documenting as much information as possible. If you have a smartphone at the scene of the accident, photograph the surrounding area and any visible injuries. Ask witnesses for their contact. And seek immediate medical attention; this is essential to your health and safety, and to the success of your injury lawsuit.
  • Demand package: When all medical treatment is completed and the investigation has concluded, a demand package will be presented to the insurance company or corporation.  The parties will negotiate the claim over a period of time.  This phase is when a case will generally settle.
  • Litigation:  If a case does not settle, a lawsuit may be filed.  A lawsuit will involve written discovery and depositions.  You can anticipate significant personal involvement during the litigation phase.  After the parties have exchanged discovery and completed depositions, a mediation session will occur.  Mediation is an opportunity to present the case to a neutral party in an attempt to settle the case.  If settlement does not occur, the case will go to trial.

Contact Burwell Nebout Trial Lawyers Today

The experienced attorneys at Burwell Nebout Trial Lawyers will aggressively handle your case to obtain the best possible settlement or litigate your case to a jury verdict. To learn more, call 281-645-5000 or contact us online today.