Personal injuries cost our clients a lot of money. The cost of medical treatment has exploded over the past decade, and even relatively minor injuries can cost thousands of dollars. If you need to spend a night in the hospital, then you usually are facing a bill well over $10,000. Other expenses include paying to fix a motor vehicle damaged in a collision and replacing lost wages or income.
Accident victims need money—and they need it fast. At The Stano Law Firm, our Texas personal injury lawyers have successfully negotiated many settlements for our clients for six and seven figures. Below, we look at the timeline for settling a case. The average personal injury claim can take about a year to settle, although everything depends on the unique facts of your case. Contact our Texas personal injury attorneys if you have questions or would like a personalized case evaluation.
Overview of the Personal Injury Claims Process and Texas Personal Injury Lawyers
Here are the steps involved:
1. Injury Occurs
2. Medical Treatment & Rehab
3. Hiring a Lawyer
4. Evidence Collection and Analysis
5. Demanding Compensation & Negotiation
6. Possible Mediation
7. Litigation
Injury Occurs
There’s quite a bit to do when you are injured. For one thing, most of the evidence is there at the scene of the accident. Suppose a truck crashes into your car on the highway. You should photograph the vehicles and the scene, as well as get insurance and personal details from the driver. If you wait even a day, then the evidence will disappear.
You should also call the police after a motor vehicle accident. The officer can create an accident report which contains useful information.
Medical Treatment & Rehab
Go straight to the hospital after the accident. A doctor can diagnose injuries and immediately start treatment.
The amount of time it takes to recover depends on your injuries and overall health. A concussion might heal after 6 months. A back injury might sideline you for years.
Helpfully, you can hire a lawyer to handle your case from here on out. That allows you to continue to rehab while your lawyer assembles the evidence for a personal injury claim.
Hiring a Lawyer
A lawyer offers many advantages. For example, a lawyer knows what evidence is helpful in a case. As the victim, you have the burden of proving fault. That means you need to come forward with high-quality evidence that helps other people “see” how the accident happened. You can’t just make a bare bones allegation that someone hurt you—instead, back it up with proof.
Hire a lawyer quickly so they can start working on your case. Call and schedule a free consultation with The Stano Law Firm. We are happy to answer your questions and provide more information about the claims process.
Evidence Collection & Analysis
We have negotiated all sorts of personal injury claims, so we know what evidence is helpful. We can:
- Talk with witnesses who saw the accident.
- Review your medical records to better understand your injuries and prognosis.
- Visit the scene of the accident, if necessary, to secure useful information
- Work with experts to better understand how the accident happened
- Analyze settlements for similar injuries to estimate how much to request in a settlement
- Evidence collection and analysis can take several months. The time will depend on how you were hurt.
Truck accidents, for example, usually involve more evidence, some of which is in the possession of the trucking company. We can put them on notice to preserve records and electronic data and then clear out our schedule to review it.
Demand for Compensation & Negotiation
Once you are healed, we have a better idea of the full value of your claim. We usually request financial compensation for:
- Medical treatment
- Rehabilitation
- Lost wages and benefits
- Property damage (such as motor vehicle repairs)
- Pain and suffering
- Disability and disfigurement
- Mental anguish
Some of our clients have long-lasting disabilities or they will need ongoing care. We can estimate the full cost of future medical care, like future surgeries or at-home help. We can also request compensation for reduced earning capacity if your injuries prevent you from returning to your old job.
We usually start negotiations by submitting a demand letter to the defendant or their insurance company. Our strategy is to be aggressive—ask for a high number, which gives us room to come down a little bit.
Negotiation can take several months. It’s rare that an insurance company will quickly agree to our demand. Instead, we go back and forth. When successful, each side agrees to a number they can live with, and we will sign a settlement agreement.
Possible Mediation
Mediation can help us reach a settlement in a personal injury case. We can work with a neutral mediator to discuss the dispute and possible ways of breaking through the logjam. The mediator isn’t a judge, and their recommendations are just that—suggestions. You can get up and walk away from mediation, but often a judge will require that accident victims at least give the process a try.
Litigation
In Texas, you need to file a lawsuit before the statute of limitations expires. For most personal injury cases, that will be two years from the date of the accident. (Texas Civil Practice & Procedure Code § 16.003.) Your deadline might vary, so call our firm. We can file a lawsuit to protect your rights.
We might also end up litigating your case all the way to trial if settlement discussions fail and mediation is unsuccessful. We can present your case to a jury and demand compensation. If you win at trial, we can discuss steps for getting a court judgment paid.
Schedule a Consultation Today!
The Stano Law Firm opened because we believe people in Houston deserve top-flight legal representation. Insurance companies drive hard bargains, and too many victims are treated unfairly. Call us today to schedule a free consultation. The sooner we can begin working on your case, the stronger the arguments we make on your behalf.