If you’ve been hurt in a car accident or other incident caused by someone else’s negligence, Texas law allows you to pursue compensation for your injuries and financial losses. Filing a personal injury claim can help you recover both economic damages (like lost wages) as well as non-economic damages (like pain and suffering).
The process can seem complicated at first, but learning about how each step works will help you move forward confidently.
Step 1: Get Medical Treatment and Document Your Injuries
Your health and safety should always come first after an accident. Seek immediate medical care, regardless of whether you have an obvious injury. Some conditions, such as concussions, may not show symptoms right away.
Once you receive treatment, make sure to keep copies of all of your medical records and related documents. These can serve as important evidence for your claim.
Step 2: Report the Accident
Depending on where and how the accident occurred, you’ll need to report it to the appropriate authority. For example:
- Truck accidents and other motor vehicle crashes: Contact local law enforcement and file a police report if they didn’t arrive on the scene
- Workplace injuries: Notify your employer right away
- Slip and fall accidents: Inform the property owner or manager
An official report provides a record of the incident and can help establish liability when your claim is reviewed down the line.
Step 3: Gather Evidence and Information
The strength of your personal injury claim depends on the quality of your evidence. Collect as much information as possible and consult with a personal injury attorney while the details are still fresh.
This might include:
- Photos and videos of the scene and your injuries
- Contact information for witnesses
- Receipts for out-of-pocket expenses
- Correspondence with insurance companies
- The at-fault party’s insurance and contact details
Your lawyer will use this information to build your case and demonstrate how another person’s negligence caused your injuries.
Step 4: File an Insurance Claim
Most personal injury cases in Texas begin with an insurance claim. You’ll initially submit a demand letter outlining your damages and requesting compensation. The insurance company will then investigate and either accept, deny, or make a settlement offer.
It’s important not to accept an early offer without legal advice, as insurers often try to settle for less than your claim’s full value.
Step 5: Hire a Texas Personal Injury Lawyer
While you can technically file a claim on your own, working with an experienced attorney can make a significant difference. A lawyer will handle every step of the process, including:
- Investigating your case and identifying the liable parties
- Calculating the full value of your damages
- Negotiating with insurance adjusters
- Take your case to court if the insurer refuses to settle fairly
Since an El Paso personal injury lawyer works on contingency, you only pay attorney’s fees if you win compensation.
Step 6: File a Lawsuit if Necessary
If negotiations fail, your attorney can file a personal injury lawsuit in civil court. Texas law generally gives victims two years from the date of the accident to file suit under the statute of limitations.
Once your case goes to court, both sides will exchange evidence during discovery, continue settlement discussions, and, if needed, proceed to trial.
Contact Cal Mundell Law Firm, PLLC for a Free Initial Consultation
If you’ve been involved in an accident in Texas, Cal Mundell Law Firm, PLLC is here to help you take legal action. We’ve recovered millions for our deserving clients and will work hard to recover everything you may be entitled to under state law. Call (915) 250-0700 for a free consultation today.