Texas is one of those states where car accidents happen the most in the US. According to a 2017 report, at least 1 person succumbed injuries from a car accident every minute, with 3 people being killed in road accidents every 7 hours. If you’ve been injured in a road accident in Texas by the negligence of a driver, two things can happen. One, you may receive compensation from the at-fault driver’s insurance company for your injuries, medical costs, lost income, and other losses/damages resulting from the accident. Two, the insurance company may deny your compensation claims or fail to compensate your fairy. In the second scenario, you may seek justice by filing a personal injury claim. In some instances, the at-fault driver’s insurance may not be adequate enough to compensate you for the losses and damages suffered, in which case a personal injury claim becomes a viable option.
However, personal injury cases are surrounded by a myriad of complexities and legalities. To smoothly navigate the process and get yourself, the compensation you deserve, it’s important to understand how to go about it.
Fortunately, here are some helpful pointers on how to file a personal injury case after a car accident in Texas.
Get in touch with an accident attorney
As earlier mentioned, legal proceedings involving some car accident cases are often complicated. As you will find out if you read more here, the best way to navigate a personal injury case is to work with an accident attorney. This is mostly because your chances of winning the case will largely depend on the steps you need to take from immediately after the accident happens. For instance, personal injury cases of accidents have a definite timeline within which they should be filed. In Texas, you only have 2 years from the date of the accident to file your personal injury claim. After the accident, you’ll also need to file a detailed police report, get a medical report regarding your injuries, notify your insurance company, and compile evidence that will help build your personal injury case. Especially if your injuries are a bit severe, you may not be able to handle all this in good timing by yourself.
Working with a personal injury attorney after an accident maximizes your chances of winning the case and getting the compensation you deserve for your pain and suffering as well as financial losses and other damages. In addition to providing you with legal counsel, an injury attorney will help make sure that everything is filed in good timing. They also help you with gathering crucial evidence that will help prove that indeed your injuries occurred as a result of the accident and that you deserve the compensation sought. They can also negotiate with the at-fault driver’s insurance company out of court, but in case a lawsuit is necessary, they’ll also represent in court to prove that the other driver was indeed negligent and that they breached the duty of care, which causes your injuries, pain, and suffering.
Know where to file your case
In Texas, personal injury cases from car accidents fall under the jurisdiction of the Texas civil court. However, you’ll need to file it in the nearest branch of this court where the accident took place. Alternatively, you can file it where the defendant or at-fault driver resides. Again, your injury attorney will guide you on where you should file your case, of course, in their presence or as mentioned earlier, they can do it on your behalf if you’re too weak to do be present.
Stay in contact with the court
After you or your attorney file your personal injury claim case, the court will serve the defendant (or their insurance company) with a court order, which they should respond to within a given period. In some cases, the insurance company may respond to your attorney, which can kick start accident injury settlement negotiations without the need to proceed to a hearing. To avoid the costs associated with lengthy proceedings in personal injury cases, most insurance companies prefer presenting a fair settlement offer soon after the claim is filed. However, this will only happen if you have a strong case and evidence against the defendant or insurance company.
Case rested! While you can go it alone when filing a personal injury case, your chances of receiving fair compensation are often minimal, for obvious reasons. If you manage to maneuver on your own, it could take years before you finally receive compensation for your pain and suffering, and this might not even be what you’re entitled to. Working with an accident injury takes all this burden and suffering off your shoulders, so you can concentrate on recovering and getting back on your feet after the horrific ordeal.