Like any process, filing a personal injury lawsuit is a process that needs to be followed and executed well. There are things to add and things to do and these come in an order. If these things are not done correctly then the result can be disastrous. It’s important to know about the personal injury lawsuit process before you file.
Contact an Attorney ASAP
You don’t want to go into any meetings or negotiations with the lawyers or insurance company of the person who injured you. The opposing attorney and insurance company may try to take advantage of you or get you to sign away your rights. You need to have quality legal representation from the earliest point possible. You want to have an attorney who will protect your rights to just compensation in your personal injury case. This means letting your attorney handle insurance companies and other lawyers.
Gather the Facts
The fact-finding stage can be one of the most important phases of the lawsuit filing process. During this stage, you and your attorney will gather all of the facts surrounding your case. If you are injured in an auto accident, then your attorney will gather police reports and talk with witnesses. He will contact insurance companies and lawyers to uncover avenues for compensation and who has liability for the accident. He’ll also try to uncover any third parties that may have liability for the accident.
In the fact-finding phase, your attorney will also gather evidence of your injuries. These will include medical reports and prognosis information from doctors. He will prepare reports of damages suffered and how much compensation will be needed to make you whole. You’ll receive regular communication with your attorney as he gathers evidence in this phase.
Don’t File Too Soon or Too Late
Texas has a 2-year statute of limitations (subject to some exceptions) on personal injury cases. This means that you have up to 2 years to file your personal injury lawsuit. If you wait longer than 2 years from the time of the accident or injury then you won’t be able to file the lawsuit and win. This is why you don’t want to late too long to file the lawsuit.
Likewise, you don’t want to file your lawsuit too soon. You need to know all of your medical bills and other expenses that you need to pay or will need to pay. You need to know your prognosis for future bills that will need to be covered. If you file too soon then you may not get all of the compensation that you are entitled to.
Settlement or Trial
After your attorney has prepared all of your case information as well as your compensation requirements, he will contact the defendant, including their insurance company or lawyers, and attempt to make a settlement before filing a lawsuit. A settlement is often preferable to a drawn-out trial, but when a defendant is unwilling to provide just compensation then a trial is required. The settlement might take several weeks of negotiations before it is reached, but compensation is usually received very quickly after a settlement is reached.
If a settlement isn’t reached, then your attorney will need to go to trial. At this stage, your lawyer will initiate a lawsuit for damages and proper compensation. Throughout the trial, there will be opportunities for a settlement. Settlements can occur at any point up to and including the time of trial. Once the trial is finished then the court will award a settlement.
The important thing to keep in mind throughout the lawsuit process is that your personal injury attorney is key to getting your just compensation for your injuries. The Law Offices of David Kohm will be there every step of the way to protect your rights so it’s important to go with someone that you trust to look out for you.
Call our law offices today at any of our convenient locations and get a free consultation.
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