Are you looking to sue someone for a personal injury in Texas? Did they negligently or recklessly cause you some form of damage that left you disabled and unable to work? If so, below are the steps to take.
Free Consultation with an Attorney
First, you should consult with Houston personal injury law firm. It is important to discuss the type of injury you sustained with an attorney and how that injury has affected your life. The attorney will also advise you on the next legal steps you should take. The due procedure is important to protect your rights. In many cases, people who suffer injuries caused by someone else’s negligence will file a lawsuit, and the defendant will come back with a defense that the injured party did not follow necessary steps.
Investigation of the Claim
Whether you are dealing with an insurance company or a debt collector, if you do not know how much your claim is worth, they will take advantage of this by overcharging you or taking your money and doing nothing. The insurance company will also try and use the injured person’s disability to scare them into giving up their right to sue. If you feel this is happening to you, hiring an attorney should be the first step in getting justice for yourself.
Documenting Damages
In a personal injury case, the attorneys will work hard to see that the injured person will receive compensation. This compensation will include any medical bills and any income that the injured person lost. These damages need to be well documented. Also, if the injured person is seeking punitive damages, testimony from a witness is important to prove that the other party was negligent in their actions. Once you have followed these steps, you have the right to file a lawsuit. However, keep good records of all medical expenses and do not give up your right to sue without good cause.
Filing the Lawsuit
When a person files a suit with the help of an attorney, they have the right to take the other side to court. The person can file a lawsuit in a small claims court if they seek less than $5,000 and in a district court if they seek over $5,000. It is important to remember that all of this must be documented and kept up-to-date for you to obtain justice for yourself.
Discovery
When you file for a lawsuit, the other party may have to provide information that will help you to defend your claim. This is called “discovery.” Information from the other side could include medical records, previous accident reports, and any financial information. Discovery goes both ways. The person who files the lawsuit must also disclose any information that will help the other side in their defense. This can include prior medical records, financial information and witness testimony.
Mediation
Mediation is a process whereby the injured person and their attorney meet with an impartial mediator. Mediation allows all the people involved to settle their differences without going to court. The mediator will also propose settlements and tell both sides what information they may reveal during discovery. Therefore, this helps to cut back on time it will take for a case to go to court and reduce expenses that both parties may incur.
Settlement
If you and your attorney can agree with the other side, then you have the right to make a settlement. In many cases, settle for less than you are requesting. The settlement does not mean giving up your rights in court. A settlement should also include any records of damages you have suffered, whether medical bills or lost wages. In many cases, the injured person has to waive their right to file a lawsuit if they do not feel like they will win their case.
Trial
If you and your attorney feel that the other side will not settle, you can take them to court. However, you must have a clear case showing what the other party did wrong and how they caused your injury. This can be done through witness testimony or your testimony. However, your chances of winning are low if you do not have a clear case or if there is a lot of conflicting evidence. It is always wise to have an attorney on your side because they know how to win in court.
Conclusively, being able to file a lawsuit provides someone with the opportunity to receive compensation from the other party. It helps to ensure they do not get away with doing something that causes people harm.
