Suppose you or a loved one have been injured by some else’s negligence in an accident like a motor vehicle crash, workplace accident, or slip and fall. You might decide to pursue a personal injury claim to obtain compensation for your losses.
Filing a personal injury claim can be intimidating and confusing, especially if this is your first time and you do not understand personal injury claims process. Knowing the basics of what will happen during a personal injury claim will undoubtedly make the personal injury claims process less daunting.
In this article, we will take you through the typical life cycle of a personal injury claim using an easy-to-understand timeline. Please note that your specific claim might not be linear and may be resolved at any point in the timeline depending on the specifics of your claim and the insurance involved.
Personal injury claims are first brought as formal legal demands seeking a settlement without filing a lawsuit. If your attorney feels a settlement offer is inadequate, an attorney will file a lawsuit in Court of Law. The following is generally how the personal injury claims process works:
Seek medical attention after an accident or injury as soon as possible. Even if you feel you are not injured, you should have yourself checked out by a medical professional, as you cannot physically see some injuries like whiplash and concussions.
Document your injuries by taking photos, as these help prove damages for injuries that will resolve on their own. Visible injuries like cuts, bruises, swelling, and abrasions can heal fast, so it is best to document these as early as possible.
Seeing medical attention is vital to your health. Not seeing a doctor within 14 days may forfeit your entitlement to a $10,000 Personal Injury Protection (PIP) under your auto insurance policy. It can also work against you as the insurance adjuster. Plus, a jury might assume your injuries are not severe if you do not seek medical help as soon as possible.
You may be able to manage a minor claim on your own if you are familiar with the personal injury claims process. But, you will need a lawyer for a personal claim when:
When you consult with a lawyer, they will assess if you have a case. They will then determine the best course of action you can take to strengthen your personal injury case.
In talking with your potential lawyer, you may want to ask the following:
In terms of state negligence laws, Texas is an at-fault state, so you will use the insurance information for the at-fault party to file your insurance claim. Your injury attorney will let the negligent party and their insurance company know you are filing a personal injury claim by sending out a Letter of Representation (LOR).
A LOR from an attorney is a letter sent by an injury victim’s attorney to the defendant and his or her insurance company stating the victim is represented by legal counsel. The main purpose of a LOR is to notify both parties of the representation by counsel, and to set some guidelines for communication as the personal injury claim progresses.
Once you have hired an injury lawyer, the law firm will conduct its investigation of the accident. They will ask people involved in the accident questions about the accident, and you will be one of the first people they interview.
Your lawyer will want to know everything that happened in the accident, your known injuries, and see copies of your medical records. They will also collect crash or incident reports (if available), review your medical records and interview witnesses who were at the accident. It is in your best interest to adopt a full disclosure attitude and tell your lawyer everything.
Insurance companies often try to settle injury claims directly with claimants before lawyers get involved to undercompensate injury victims. If you accept the settlement, your claim will end.
If your lawyer believes they can settle the case without filing a lawsuit, he or she will make a demand to the other party’s insurance company. This demand will include all of your economic damages and non-economic damages related to your injury accident. Your lawyer will typically wait to send the demand letter until you have reached the point of maximum medical improvement (MMI). MMI is reached when you have reached the point at which further improvement is not possible, and all medical treatment has ended. MMI is essential because:
If you and your lawyer cannot settle, your injury claim will enter the litigation phase of a personal injury claim. If you decide to go this route, you will have to file a personal injury lawsuit in court within your state’s statute of limitations.
The statute of limitations dictates the time limit you can file the lawsuit after an accident, which in Texas is 2 years for personal injury claims. Once you file the lawsuit, the clock starts on when the case might go to trial, which is typically within two years. However, each state’s pretrial procedures are different.
The Court usually serves the documents to the defendant between 30 to 60 days after you file the lawsuit. The defendant will respond, and interrogatories (i.e., questions) are exchanged between the parties.
During the discovery phase, you and the other party will investigate each other’s legal claims and defenses. During this phase, your lawyers will send interrogatories and document requests back and forth with the other party.
Your lawyer will also take depositions of all parties and witnesses. A deposition is your testimony under oath in front of a court stenographer. The purpose of depositions is to ensure everybody is on the same page when they give their testimony in court. It is imperative to be transparent with your lawyer, as lying under oath can result in perjury charges.
Once the information from the discovery phase has been collected, the lawyers on both sides will start working to reach a settlement. They call this process an alternative dispute resolution. There are usually two ways the personal injury claims process works at this stage:
In most cases, mediation or arbitration usually resolves the issues between two parties. If it does not, the next stage in the personal injury claims process is that both parties will go to trial in a courtroom in front of a jury. During a trial, all the evidence gathered during the discovery phase will be presented to the court, and the jury will decide on a settlement amount.
Depending on the court, the state, and the circumstances, a trial can be over in hours, days, or months. Getting a trial date can sometimes be up to a three-year wait, and it can even be postponed to a later date. If the other party wants to appeal, you may need to wait for up to two years before the appeal proceedings are finished.
You will usually get the compensation for your case within 30-60 days of successful mediation or trial. The timing depending on a variety of factors in the personal injury claims process, such as whether you have liens associated with your claim.
Deciding to file a personal injury claim is stressful already, but selecting the right personal injury lawyer should not be. Our lawyers at Thompson Law are here to help you during this challenging time. If you or your family member have been injured, our attorneys are ready to provide you with answers and fight for your rights.
Thompson Law offers a free case review of your unique case, and helps you decide what is the best legal option for your situation. We do not charge attorney fees, and you will pay no legal expenses unless you get compensation for your injury accident.
Do not wait to get justice for your accident, as the statue of limitations limits your time to file a lawsuit to 2 years from date of accident in most cases in Texas. Call us today to see if we can help you with the personal injury claims process and your case. Our operators are standing by 24/7 to take your call.
Thompson Law NO COBRA HONORARIOS a menos que obtengamos un acuerdo para su caso. Hemos puesto más de $1.9 mil millones en acuerdos en efectivo en los bolsillos de nuestros clientes. Contáctenos hoy para una consulta gratuita y sin compromiso para hablar sobre su accidente, obtener respuestas a sus preguntas y comprender sus opciones legales.
La ley estatal limita el tiempo que tiene para presentar una reclamación después de un accidente con lesiones, así que llame hoy.
