As a Texas citizen, winning your personal injury case requires the right strategies and approach. In this guide, we break down key steps to help you navigate the legal process with confidence.
Law-abiding citizens of any country should be cautious about getting into situations that can harm them in the long term and cause physical or financial loss. However, at times citizens are subjected to harmful situations due to other people’s negligence leading to personal injury cases. Winning any personal injury case starts with proving that the other party caused you harm, followed by a number of effective steps towards winning the case and receiving your rightful compensation.
The Texas jurisdiction has framed a number of laws to protect its citizens and punish those who cause trouble. From following a comparative negligence system to providing Alternative Dispute Resolution framework, they have done it all to ensure that no citizen remains harmed or is treated unfairly. Here’s a detailed guide on how to handle and win a personal injury case, if you are caught in one:
Step 1: Hire a Personal Injury Lawyer in Texas
- Legal experts play a crucial role in making or breaking the situation in case of a personal injury claim. Having a competent lawyer at your disposal significantly increases your chances of winning the case.
- You should start by providing a detailed explanation of what happened at the scene which will help your lawyer better understand the situation and your position in the entire scenario.
- While negotiating with the other party and their insurance company, having a lawyer will make the process smooth and seamless for you, with little to no chance of the insurance company unfairly reducing your compensation.
- If the matter goes to trial, a competent lawyer will be a great asset. Presenting your case in front of a jury or judge will become ten folds easier with the lawyer handling all the legal matters
Step 2: Collect Evidence at the Scene of the Accident
- If you are physically in a condition to take some photos or videos of the scene, you should do it first thing after the accident.
- Having pictures and videos with you as proof will make your position very strong while negotiating with the other party, especially if their insurance team is not being co-operative.
- In case of a trial, these pictures and videos will work in your favor, earning you a higher compensation because the loss you experienced will be in front of the jury in the form of those pictures and videos.
Step 3: Involve Law Enforcement After a Car Accident
- When caught in a car crash/ collision, be proactive and call the police immediately. Having legal authorities involved will make things easier for you in the long-run.
- Record the incident with the police mentioning all that happened and the loss you incurred due to the crash. Doing so will help smooth out the negotiation process for you with the police acting as a third party at times of negotiations.
- Acting immediately and involving the police will make your position clear when going to trial.
Step 4: Understand Texas Negligence Laws
- Texas follows a modified comparative negligence system, meaning you can still recover damages even if you are partially at fault. Keeping in mind that your share of the fault should be less than 50%.
- Having a clear understanding of how the state of Texas operates in the case of a car accident will help you understand your position better. You will be able to make more informed and sensible decisions about whether to stick with negotiations or go to trial based on your share of fault.
Step 5. Consider Alternative Dispute Resolution (ADR):
- The Texas civil practice and remedies code, chapter 154 establishes A framework for ADR. Choosing to opt for ADR instead of going to trial will not only save you time but also help you save money.
- Your attorney will guide you on whether you should go for mediation or arbitration based on your situation.
Step 6: Organize and Preserve Legal Documents
- Keep track of all your documents. From medical records to witness statements, make sure you have possession of all your documents.
- Having up-to-date documents with proofs will earn you an edge over the other party at the time of negotiations.
- Even if the case ends up going to a trial, having all the documents with you will make you appear stronger and will earn you your compensation to the fullest.
Step 7: Practice Patience and Professionalism During the Legal Process
- Be civil and patient. Do not accuse others of causing the accident, nor accept any blame.
- Filing a complaint and receiving a response might take time, and if the case goes to a trial, the entire process might become even more tiresome and time-consuming, do not lose your patience and be rational throughout the work.
Step 8: Be Aware of the Texas Personal Injury Statute of Limitations
- In Texas, personal injury claims must be filed within two years from the date of the accident. Failing to file within this time frame can result in the loss of your right to seek compensation. Make sure to consult with an attorney as soon as possible to avoid missing this crucial deadline.
Conclusion
Winning a personal injury case in Texas requires careful strategy, persistence, and expert legal guidance. By hiring a competent attorney, documenting the scene, understanding the legal system, and considering alternative dispute resolutions, you can significantly increase your chances of securing a favorable outcome. Keep in mind that Texas law allows for comparative negligence, which gives you the ability to recover damages even if you are partially at fault, as long as your fault is less than 50%. Always stay patient, be civil, and trust your attorney’s advice throughout the process to ensure that your case is handled efficiently and fairly.
