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From Injury to Justice: A Journey Through the Personal Injury Legal Process

Hurt in a bad accident in Texas? You have the right to seek compensation for the full extent of your damages, including for medical bills, lost wages, and pain and suffering. With that being said, personal injury claims can be challenging. Insurance companies are not on your side. At Thornton Esquire Law Group, PLLC, we are strong advocates for justice. Here, our Houston personal injury lawyer provides an overview of the journey through the personal injury claim process—from accident to justice.

The Accident (Report it and Document it)

A personal injury claim starts in the immediate aftermath of the accident. When a bad accident happens in Texas, immediate action is a must. You should get yourself into a safe location and report the accident. All serious accidents in Southeast Texas should be reported to the appropriate authorities. If you were hurt in a car accident in Houston, that crash should be reported to the police. If you were hurt in a slip and fall, the incident should be reported to the property owner.

Notably, Texas is a fault-based personal injury state. To the greatest extent that you are physically capable of doing so, you should thoroughly document the accident. Among other things, you should gather evidence by taking photos of the scene, your injuries, and any damage. Try to get the contact information for any eyewitnesses. The more information that you have about the accident, the better position you will be in to pursue a claim.

Seeking the Medical Care You Need

All physical injuries require immediate medical attention. If you were injured in an accident in Texas, it is imperative that you prioritize your health and safety. Make sure that you see a licensed physician as soon as possible after a bad accident— even if injuries seem relatively minor. Many of the most common injuries reported in accidents in Texas—from low back pain to soft tissue damage to concussions—occur with a delayed onset. You could be far more badly hurt than you believe.

Beyond your health and well-being, medical records linking your injuries to the accident are crucial for substantiating your claim. Without medical records, you cannot bring a successful personal injury claim in Texas. These records are absolutely essential to your case. You should get prompt emergency medical care and any follow-up care that you need. Among other things, this may mean visits to specialists. Be sure to keep all medical records (and bills) related to your accident.

Consult With a Houston Personal Injury Lawyer

You do not have to take on the personal injury claims process alone. Victims deserve the absolute best legal representation from a top-tier attorney. For this reason, consulting with a Houston personal injury lawyer who knows how to get results is essential. Your lawyer will review the evidence, advise on the strength of your case, and guide you through the claims process. At Thornton Esquire Law Group, PLLC, we have the expertise you can trust. Among other things, our Houston personal injury attorney is prepared to:

  • Conduct a free, comprehensive review of your personal injury claim;
  • Investigate your accident—gathering the evidence needed to prove liability;
  • Represent you in any settlement negotiations with the insurance company; and
  • Develop a comprehensive strategy focused on maximizing your compensation.
Hold the Defendant/Insurer Accountable (Demand Letter, Settlement Negotiations, Etc)

Often, your Houston personal injury attorney will send a demand letter to the defendant and/or their insurance company. A demand letter is your request for a settlement. It outlines the facts of the case, the extent of your injuries, and the evidence of liability. A demand letter can kick off settlement negotiations. After a bad accident, you should be prepared for a counteroffer. Among other things, your Houston personal injury lawyer's role is to handle these negotiations.

Our state operates under a comparative negligence standard. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), each party's financial responsibility for damages corresponds to their percentage of fault in causing the incident. Texas follows a modified comparative negligence system, with a 51 percent bar. If an injured victim is responsible for the majority of an accident (51 percent or more), they are not eligible to bring a personal injury claim.

File a Personal Injury Lawsuit

Many personal injury claims in Texas are settled outside of court. Indeed, a lawsuit is not filed in every personal injury case. With that being said, litigation is always possible in any specific personal injury claim. If settlement negotiations do not result in a fair offer from the defense/insurer, your Houston personal injury lawyer may recommend filing a lawsuit. The process begins with filing a complaint in court, followed by a phase of discovery where both parties exchange information.

Even if a lawsuit is filed, that does not mean that there will always be a trial. Indeed, pre-trial motions and mediation sessions may still lead to a settlement. However, if no settlement is reached, the case will go to trial, where a jury or a judge will determine the outcome based on the evidence. Given the stakes of the case, it is imperative that you are represented by a trial-tested Houston personal injury attorney. The right lawyer can take your case the distance.

Note: Most personal injury claims in Texas are subject to a two-year statute of limitations. If a lawsuit is not filed within two years of the accident, the case may be dismissed without a hearing.

Set Up a Free Consultation With Our Top Houston Personal Injury Lawyer Today

At Thornton Esquire Law Group, PLLC, our Houston personal injury attorney has the professional expertise you can trust. Do not let our smiles fool you—we are ready to fight. Our firm is prepared to guide you through every aspect of the claims process. Reach out to us by phone at (888) 378-1784 or contact us online to set up your no-cost, no-obligation initial case review. From our Houston office, we fight for the rights of injured victims throughout all of Texas.

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.