Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best of 2024

Filing a Personal Injury Lawsuit in Texas: What You Need to Consider

Personal Injury Law If you have been injured due to someone else's negligence or intentional actions in Texas, you may be entitled to compensation for your damages. Filing a personal injury lawsuit can help you seek justice and recover the financial compensation you deserve. Here's a step-by-step guide on how to file a personal injury lawsuit in Texas.

  1. Seek Medical Attention: Your health and well-being should always be your top priority. As soon as the injury occurs, seek medical attention immediately. Not only is this essential for your recovery, but it also documents your injuries, which is crucial for your personal injury claim.
  2. Gather Evidence: Begin collecting evidence related to the accident or incident that caused your injury. This may include photographs, videos, witness statements, police reports, and any other documentation that can support your claim. The more evidence you have, the stronger your case will be.
  3. Consult with an Attorney: You should consult with an experienced personal injury attorney in Texas who can evaluate your case and guide you through the legal process. They will help protect your rights, gather additional evidence, and handle negotiations with insurance companies.
  4. Determine Liability: Your attorney will then investigate the circumstances surrounding your injury to establish liability. They will review the evidence and determine who is legally responsible for your damages. It could be an individual, company, or even a government entity.
  5. Demand Letter and Negotiation: Once liability has been determined, your attorney will draft a demand letter, explaining the extent of your injuries, medical expenses, lost wages, and other damages. This letter is sent to the responsible party or their insurance company, initiating negotiations for a settlement. Your attorney will work on your behalf to ensure you receive a fair compensation offer.
  6. Filing the Lawsuit: If a fair settlement cannot be reached through negotiation, your attorney will prepare a formal complaint and file a lawsuit in the appropriate Texas court. This initiates the legal process and officially starts your personal injury case.
  7. Discovery Phase: Both sides will gather evidence through a process called discovery. Your attorney will depose witnesses, obtain documents, and exchange information with the opposing party's legal team. This phase helps build a stronger case and provides opportunities for settlement discussions.
  8. Pre-Trial Motions and Mediation: Before trial, both parties may file pre-trial motions seeking to resolve any legal issues or disputes. Additionally, your attorney may suggest mediation, which is a negotiation session facilitated by a neutral third party. The goal of mediation is to reach a settlement agreement without going to trial.
  9. Trial: If mediation does not result in a settlement, your case will proceed to trial. Your attorney will present your evidence and arguments, and the jury or judge will determine the outcome of your case. Trials can be complex and time-consuming, but your attorney will guide you through each step.
  10. Post-Trial: Following the trial, if you are successful, you will be awarded compensation. However, the opposing party may appeal the decision. Your attorney will advise you on the best course of action, ensuring that you receive the compensation you rightfully deserve.

Filing a personal injury lawsuit in Texas can be a complex process, but with the help of an experienced attorney, you can navigate through the legal system and seek the compensation you deserve. Remember, acting promptly, gathering evidence, and consulting with an attorney are crucial steps to ensure a successful personal injury claim.

What is the process for filing a personal injury lawsuit in Texas?

If you have suffered a personal injury in the state of Texas due to the negligence or wrongdoing of another party, you may be entitled to seek compensation through a personal injury lawsuit. However, it is important to understand the specific process involved in filing such a lawsuit to ensure you have a strong case and maximize your chances of receiving a fair settlement.

The first step in filing a personal injury lawsuit in Texas is to consult with an experienced personal injury attorney. They will guide you through the process and help you determine if you have a valid claim. Most personal injury attorneys offer a free initial consultation, where they assess the merits of your case and answer any questions you may have.

Once you've decided to move forward with the lawsuit, your attorney will begin by conducting a thorough investigation into the incident. They will gather evidence, interview witnesses, review medical records, and possibly consult with expert witnesses to establish the liability of the at-fault party. This process is crucial in building a strong case and proving the negligence or fault of the responsible party.

After completing the investigation, your attorney will prepare and file a legal document known as a petition or complaint in the appropriate court. This document outlines the details of your case, including the nature of your injuries, the damages you have suffered, and the legal basis for holding the defendant liable. It is important to ensure that this document is filed within the applicable statute of limitations, which in Texas is generally two years from the date of the injury.

Once the lawsuit has been filed, the defendant will be notified and given time to respond to the allegations. They may admit fault, deny liability, or offer a settlement. If a settlement is not reached, the case will proceed to the discovery phase. During this phase, both parties will exchange information, documents, and evidence related to the case. This may involve written questions, depositions, and requests for the production of documents.

Following the discovery phase, the case will be scheduled for trial. During the trial, both sides will present their arguments, testimonies, and evidence before a judge and possibly a jury. The judge or jury will then render a verdict, determining whether the defendant is liable for the injuries and, if so, the amount of compensation you are entitled to receive.

It is important to note that many personal injury cases in Texas are settled out of court before reaching the trial phase. In these instances, your attorney will negotiate with the defendant's insurance company or legal representatives to reach a fair settlement. If a settlement is reached, the case is resolved, and you will receive the agreed-upon compensation.

In conclusion, filing a personal injury lawsuit in Texas involves several crucial steps, including consulting with an attorney, conducting an investigation, filing a complaint, engaging in the discovery process, and potentially going to trial. With the guidance and expertise of a knowledgeable personal injury attorney, you can navigate this process successfully and have the opportunity to receive the compensation you deserve for your injuries and losses.

Get Help from an Experienced Personal Injury Lawyer in Texas

An experienced personal injury attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.