How A Case Works
Personal Injury Case Overview: Infographic
How Does A Personal Injury Case Work?
Most people won’t ever need to know how an accident lawsuit works. But if you’re reading this, it’s likely you want to know more about the stages of a personal injury case.
The infographic and descriptions below provide a quick overview. These are the factors and steps involved in a personal injury case in Texas.
- Find a Lawyer: Search the web, or ask friends to find a great lawyer.
- Select and sign: Don’t delay in finding representation for your personal injury case. Jason and Justin can help you make smart decisions for your future.
- Discovery and deposition: During discovery and deposition your lawyer will investigate the facts of the case. You will likely give testimony of what happened. Also during this time you will receive treatments for your injuries.
- Negotiations: Typically when treatment wraps up, your lawyer will be negotiating with the insurance companies to get the settlement you deserve. There is a chance that if the lawyers can’t reach an outcome through negotiation, that your case will go to trial.
- Outcome: Whether your case gets settled through negotiations or goes to trial, at the end of the negotiations you may receive funds to help pay for medical treatments. It is always the goal that all losses are covered, but there is never a guarantee when hiring a personal injury lawyer.
Legal Process and Explanations for Plaintiffs: Personal Injury Lawsuits in Texas
- Treat your injuries. Early, consistent, and thorough treatment of your injuries by qualified professionals in the medical field contributes significantly for your personal injury case. Your medical recovery is pivotal. Many parts of your case only can begin after you’ve made as full a recovery as possible from the injury.
- Meet with a lawyer early on. This way, you’ll have plenty of time to decide whether or not to pursue a personal injury case. The case review usually is free. The lawyer will evaluate the strengths and weaknesses of your case, and give you input. If you do hire an attorney, s/he and the legal staff will assist with much of the work that otherwise you would need to do. This assistance includes talking with insurance companies and medical providers on your behalf. The law firm you’ve chosen also can get started investigating your case.
- You’re an important source for making your case! Throughout all phases of your personal injury incident, take photographs and keep notes. Photograph the accident scene, your injuries, and everything else you even think might be important. Keep notes and shoot pics at appointments. Take photos your injury regularly. Make notes of specific ways your life has changed since the accident.
- Time limits apply. Ask your lawyer how long you have to decide whether to file a lawsuit. Each state has time limits – called the Statute of Limitations – on how long after an injury a lawsuit can be filed. The Texas Civil Practice and Remedies Code, Section 16.003 sets the time limit at (usually) two years:
“Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.”“(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
- Why negotiations take awhile. After the lawsuit is filed, the adjuster may take some time to respond.
- The defendants are served. They have 30 days to respond. And they often ask for an initial grace period of 15 days.
- Then, the parties send one another written questions. Each party has 35 days to respond with their answers.
- The defense may want to complete their own medical examination of the injured person(s).
- Next up are oral depositions, during which the attorneys interview victims and witnesses. Depositions may or may not include hiring of expert witnesses.
Recent Personal Injury Case Results
The McMinn Law Firm has helped injured Austinites for fifteen years, winning over 100 million dollars in settlements to date.
Uninsured Motorist Accident
Drunk Driver Accident
Truck Accident Victim
Austin Personal Injury Lawyers Waiting To Help You
We specialise representing clients in the following areas, we are waiting to help you on your personal injury case.
What Past Clients Are Saying
"Jason, Justin, and their entire support team represented me in an accident involving an 18 wheeler. I couldn’t have asked for a better outcome, and maybe as importantly, the service along the way was something you would want as a client, their entire team was amazing! I can with great confidence recommend them to friends, family, and to anyone who happens to read this. Thank you McMinn Law Firm for a job well done!"
"The McMinns were amazing. Within two days of my accident – and still barely able to move – I received a visit to my house for personal consultation (on a Saturday). All the initial feedback about my potential case turned out to be 100% accurate, and when it finally came time to settle they didn’t back off an inch. …If you’re hurt, make the call."
"I was rear ended by a large truck. Am thankful for Justin and Jason and their team and all the hard work they put into resolving my case! I highly recommend that you contact them if you’re injured in a wreck!"
- Lori M.
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