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How to File a Personal Injury Lawsuit

Filing a Personal Injury Lawsuit

Personal injuries can be physically, emotionally, and financially debilitating. It’s easy to feel overwhelmed in the aftermath of a personal injury, especially if you are badly injured and focusing on your health. Recovering compensation can be difficult, whether from an insurance company or the party responsible for your injuries. Insurance carriers and corporations often dispute responsibility and damages, which can make the process overwhelming for injured individuals and families.

You do not have to navigate this process without guidance. Understanding how a personal injury lawsuit works can help you make informed decisions about your next steps. Read on to find out about the process of filing a personal injury lawsuit and discover your best next steps. 

Contact us online or call us at (281) 801-5617 to speak with our trained personal injury lawyers and for help on how to file a personal injury claim.

Do You Have a Legal Case? 

Not all injuries qualify for a personal injury claim. The first step before filing a personal injury lawsuit is determining whether you have a legal case. Most types of personal injury cases are going to fall under the law of negligence. The four vital elements of a personal injury negligence lawsuit: 

  • Duty of care: Drivers have a “duty of care” towards all road users, meaning they must be reasonably careful and avoid causing harm. Likewise, a store or restaurant owner must make their premises reasonably safe for visitors.
  • Breach of duty: To have a case, a breach of duty must have happened. For example, another driver breaches their duty when causing an accident due to driving intoxicated or violating traffic laws. 
  • Causation: You must prove that the other party’s negligence directly led to your accident and injury, whether a car crash, slip and fall, or another incident.
  • Damages: Without damages, you don’t have a personal injury claim. Damages can include, among others, healthcare costs, lost income, or pain and suffering.

Determining whether you have a valid claim depends on how these elements apply to the facts of your situation.

What Is the Average Personal Injury Settlement?

Identifying the value of a personal injury settlement is difficult. What you recover will depend on the circumstances of your accident and the severity of your injuries, among other factors. However, victims could recover the following damages, among others:

  • Medical expenses
  • Loss of past and future income
  • Pain and suffering
  • Loss of life enjoyment

The value of a claim depends on the facts of the case, the severity of the injuries, and the long-term impact on the injured person’s life.

Understanding the Statute of Limitations

Knowing the statute of limitations is crucial when filing a personal injury lawsuit. The statute determines when injured individuals can file a personal injury lawsuit and pursue compensation. In Texas, according to Texas Civil Practice & Remedies Code section 16.003, you generally have two years to file suit from the date of injury. However, there may be times when the statute of limitations may deviate from the general rule, such as minority or incapacity. 

Determining how the statute of limitations applies depends on the specific facts of the case and any exceptions that may apply.

Before You File a Personal Injury Lawsuit

To protect your legal rights and give you the best chance of prevailing in a personal injury case, consider taking the following steps: 

Promptly Seek Medical Help

After getting hurt, call emergency medical help to the accident scene or see a doctor soon after the incident. Getting a prompt medical diagnosis can help to discover any underlying injuries and safeguard your well-being. Moreover, a medical report documenting your injuries can be essential for an insurance claim and lawsuit. 

Document the Accident Scene and Gather Evidence

If possible, start gathering evidence while still at the accident scene. Take photos and videos of the hazard that caused your fall or the damaged vehicles in a car accident. Ask witnesses and other drivers for their contact information. Witness statements can be critical evidence in a lawsuit. 

Contact a Personal Injury Attorney

Before filing a personal injury lawsuit, it is important to understand your legal options and the potential consequences of moving forward. Lawsuits involve time, evidence, and long-term planning. The Ammons Law Firm has decades of experience handling all types of personal injury lawsuits, and we can help you understand how to move forward in your specific situation. Our attorneys can assess the strength of your case and help you decide whether pursuing a lawsuit is in your best interests.

If a lawsuit moves forward, the legal process involves evidence gathering, negotiation, and, in some cases, a trial.

Negotiate a Settlement

You may be offered a settlement once the insurance company concludes its investigations into your accident. Unfortunately, most insurers focus on preserving their profits and want to pay as little as possible. They may even use manipulative tactics to deny or minimize your claim. 

Settlement negotiations often involve adjusters and defense counsel whose goal is to limit financial exposure. If the insurer refuses a fair settlement, our attorneys can take them to court. 

Filing a Personal Injury Lawsuit

If you can’t recover a fair settlement from an insurance company or at-fault party, our personal injury attorneys may advise you to move forward with filing a lawsuit. Here are some steps in the personal injury lawsuit process:

1. Filing a Summons and Complaint 

The complaint outlines the facts of your case, including when and how your accident happened, the scope of your injuries, and the compensation you seek. The defendant then has a set time period to respond to the complaint. 

2. The Discovery Process

During discovery, both parties exchange evidence and other information related to the case, which can include:

  • Medical records
  • Accident reports
  • Witness statements
  • Expert witness opinions 

Discovery allows each side to assess the strengths and weaknesses of their cases. Settlement negotiations are common during this phase.

3. Mediating a Personal Injury Claim

Before trial, personal injury cases may involve a mediation process. Mediation involves a neutral third party (the mediator) helping to resolve the dispute by facilitating a mutually agreeable resolution for the plaintiff (the injured person bringing the suit) and the defendant. Statements made by either side at mediation are confidential. During mediation, your attorney will be advocating on your behalf. 

4. Preparing for Civil Trial

Your case may proceed to trial if a settlement cannot be reached during discovery or mediation. Trial preparation involves jury selection, the preparation of legal arguments, and obtaining expert witnesses. 

5. Trial and Verdict

At trial, both parties argue their positions and present supporting evidence before a judge and jury. Witnesses may testify, and expert witnesses, if involved, will provide their opinions. After both sides have made their arguments, the jury deliberates and eventually delivers a verdict. 

Filing a personal injury lawsuit doesn’t mean your case automatically goes to trial. According to the U.S. Bureau of Justice Statistics, most personal injury claims are resolved out of the courtroom. However, initiating a lawsuit may be an excellent way to break a negotiation deadlock and motivate an insurer to offer you a fair settlement. It is important to note that a settlement can be reached at any time in the litigation process, including on the day of trial. 

Recent Personal Injury Lawsuits and Legal Precedents

Personal injury claims arise when negligence leads to severe harm, leaving victims to face mounting medical expenses, lost wages, and long-term suffering. Recent lawsuits highlight how legal action can hold businesses, property owners, and corporations accountable for unsafe conditions and reckless behavior. These cases provide insight into how injured individuals seek compensation through the legal system.

  • Lawsuit Against Omni Hotels and TRT Holdings: A premises liability lawsuit was filed after unsafe conditions at a hotel led to a serious injury, emphasizing the legal duty of property owners to maintain safe environments.
  • Lawsuit Against Allen Enterprises LLC: This case involved workplace injuries caused by employer negligence, demonstrating how legal claims can expose unsafe working conditions.
  • Lawsuit Against Chemtrusion: A lawsuit was filed after chemical exposure resulted in severe injuries, highlighting the dangers of inadequate safety measures in industrial environments.

These cases reinforce the importance of personal injury lawsuits in holding negligent parties accountable and securing financial recovery for victims. If you have suffered an injury due to unsafe conditions or reckless actions, reviewing past cases can provide a clearer understanding of the legal process and your rights.

The Ammons Law Firm Helps Victims Get Justice 

A significant injury can change your life forever. If another, whether a person, corporation, or government entity, caused your accident and injuries, you need an attorney to fight for you. Filing a personal injury lawsuit can be crucial for holding a wrongdoer accountable and recovering a fair settlement. 

The Ammons Law Firm can be here for you during the most difficult time in your life. We have helped hundreds of clients recover the compensation they needed to move forward. Contact us now for a free, no-obligation consultation to identify your next best steps. 

Our Houston personal injury lawyers are prepared to fight for you. Call us at (281) 801-5617 or contact us online for help filing a claim for your personal injury case.

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