How Does a Personal Injury Lawsuit Work in Texas?
No matter how careful you are, you can be injured due to another person’s reckless or negligent actions. When this tragedy happens, Texas allows accident victims to seek monetary compensation for damages, including lost wages, medical bills, and pain and suffering.
Typically, the process starts by filing a claim against the other party’s insurance company for injuries related to an incident like a car accident, slip and fall injury, animal bite, or medical malpractice complaint. However, if a settlement cannot be reached between the parties, you may decide to file a lawsuit.
This article outlines how legal proceedings in Texas personal injury cases work.
Texas Personal Injury Lawsuits Explained
One of the first things to note is that only the person who was injured can take legal action against someone. There are a few notable exceptions, including a parent when the injured person was a minor or a surviving spouse or parent if the victim is deceased.
Once it has been established that the injured party is filing suit, your attorney will help you establish the compensation you are seeking. Often, this amount will have been established during settlement negotiations.
It’s important to note that there is a limited time between when an injury occurs and when you can file a lawsuit. This is known as the statute of limitations period. In Texas, it is two years for many types of cases, but again, there could be exceptions.
Civil vs. Criminal Cases
A personal injury lawsuit is tried in civil court, and if you win the case, you are awarded money, which could include the following:
- Lost wages
- Future lost earnings
- Medical bills
- Construction site injuries
- Ongoing medical treatment
- Other miscellaneous expenses
- Reimbursement for property damage
- Pain and suffering
- Motorcycle accident
- Wrongful death benefits
- Punitive damages
- Attorney’s fees
A civil court case is different from a criminal court case. Criminal cases involve the government filing the lawsuit, and if the defendant loses, they may pay a fine to the government and/or go to prison. In a civil case, however, there are no criminal charges. The recourse you are seeking is purely financial.
5 Steps to Take Leading to the Lawsuit
Less than 5% of personal injury claims in Texas end up in a trial, and there are some procedural requirements for filing a personal injury lawsuit to be aware of.
The Texas personal injury legal process looks something like this:
- Step 1: Your attorney gathers evidence about your case. This step is crucial to support your claim.
- Step 2: Your attorney drafts a demand letter. This letter outlines why the other party is responsible and the expected compensation.
- Step 3: Your attorney files a complaint. If the demand letter does not result in the defendant paying the specified amount, a formal complaint is filed in court.
- Step 4: The defendant responds. The defendant must respond to the complaint within a certain number of days.
- Step 5: There may be settlement talks during this process, but if nothing is resolved, the case may go to trial.
What To Expect If Your Case Goes to Trial
Though lawsuits for personal injury in Texas are not as common as settling a case out of court, court cases for personal injury in Texas are still prevalent. If your case goes to trial, then the presiding judge will set a trial date.
From there, the attorneys for both sides work to select the jury. Upon commencement of the trial, evidence is presented, and a final verdict will be issued.
Contact an Experienced Texas Personal Injury Attorney
At The Dow Law Firm, we have extensive trial experience and a successful track record. Call us at (512) 240-9951 or contact us online for a free consultation.