Texas law provides certain rights when someone else’s carelessness results in an accident that causes injuries. The party that caused your injuries and their insurance provider are liable for your losses, including missed wages, medical costs, and other accident-related losses. However, it is often necessary to launch a lawsuit if the insurance company fails to pay up or you feel like their settlement offer is insufficient compensation. Here is the process of filing a personal injury lawsuit in Dallas, Texas:
Engage a personal injury lawyer.
The outcome of a personal injury lawsuit could come down to a swift settlement, or it could take months or even years. As the initial stage in the procedure, speaking with an attorney about your circumstances is the best way to find out what to anticipate. Although it’s not legally necessary to have legal representation to file a lawsuit, speaking with a lawyer is generally a good idea.
Personal injury law is complicated, and to proceed with your case, you must adhere to tight timelines and legal criteria at every turn. Considering that the insurance company has attorneys representing it, you shouldn’t attempt to handle this on your own. You need your champion to level things out.
Investigating your claim to establish damages and culpability.
According to a Dallas personal injury lawyer, a successful personal injury claim requires two essential components: liability and damages. Liability refers to the party’s legal blame for the accident. You must demonstrate that the person who caused your injuries did so out of carelessness; in other words, that person owed you a legal duty of care, which they neglected and caused you harm.
For instance, you must demonstrate that the property owner knew or should have known about hazardous conditions on the property and neglected to remedy them to prevail in a premises liability case. Damages or monetary losses you experienced due to the accident comprise the second component.
Your lawyer will bring the case to the appropriate court.
When you file a lawsuit, you must include a formal complaint detailing the incident, your request for the court to grant damages, and a summons to the party at blame. The Texas court with jurisdiction over your case will receive the documents your attorney files there.
The process of discovery comes next.
The official process of sharing information, records, and facts between the opposing parties’ lawyers is known as discovery. The rationale is that there shouldn’t be any shocks during the trial because both sides are aware of the evidence in the case and the strategies their opponent is likely to employ.
Most cases will then proceed to mediation.
In Texas, mediation is a prerequisite for most civil lawsuits before trial. The parties and their lawyers meet with a qualified mediator to mediate a settlement.
Finally, if there is no settlement and the matter goes to trial, a judge and jury will hear your case, evaluate testimony from both sides, and then deliberate to decide who is at fault and whether any damages should be awarded.