What Are the Steps of a Texas Personal Injury Claim?

If you are injured due to someone else’s negligence, you may be wondering what steps you should take to seek compensation. A personal injury claim may seem overwhelming. Understanding the basic steps will help make the process smoother and less stressful for you.

Seek Immediate Medical Attention

The first step in pursuing a personal injury claim is to seek medical attention for your injuries. Your health and well-being should always be the top priority, so it is important to see a healthcare provider as soon as possible after the incident. Not only is this crucial for your physical recovery, but it will also document the extent of your injuries, which will be essential evidence in your claim.

It is important to seek medical attention even if you don’t think you’ve been seriously injured.  Some injuries may not be immediately apparent, and a healthcare provider will properly evaluate and diagnose any issues you may have. Plus, delaying medical treatment may be detrimental to your claim, as insurance companies may use this as grounds to deny or devalue your claim.

Gather Evidence

The next step is to gather and preserve evidence related to the incident. This may include taking photos of the scene, obtaining contact information for any witnesses, and keeping records of any medical treatments or expenses incurred as a result of the injury. Documenting all details related to the incident is important, as this will be crucial in building a strong case for compensation. 

Keep records of all communication related to the incident, such as emails, letters, and text messages, as these may be used as evidence in court. It is also important to gather any relevant documents, such as police reports, medical records, and any other documents that may support your claim.

Report the Incident

If the incident is a car wreck or involving a motor vehicle, call the police department as soon as possible.  In Texas, the police are required to fill out a “Texas Peace Officer’s Crash Report” for any incident involving injuries or property damage over $1,000.00. If the incident occurred at a business or public place, be sure to report the incident to the management or property owner and obtain a copy of the incident report. This report will help corroborate your version of events and establish a record of the incident. Reporting the incident to the management or property owner is important for several reasons. It allows them to investigate the situation and take appropriate action to prevent similar incidents from happening in the future. It also provides you with a written record of the incident, which will be helpful if you need to seek compensation for any damages or injuries that occurred.

When reporting the incident, be sure to provide as much detail as possible, including the date, time, and location of the incident, as well as the names of any witnesses or employees who were present. It is also a good idea to take photos of any evidence, such as a wet floor or broken railing, to support your claim.

Filing an Insurance Claim or Legal Action

After you have gathered evidence, it’s important to contact a personal injury attorney who specializes in handling cases in Texas. An experienced attorney will help you navigate the legal process, negotiate with insurance companies, and ensure that your rights are protected throughout the claims process.

Your attorney will then help you file a claim with the insurance company of the at-fault party. This initially involves sending the Carrier a Letter of Representation.involves submitting a demand letter outlining the details of the accident, the extent of your injuries, and the compensation you are seeking for your damages.

The insurance company will then conduct an investigation into the accident and your injuries. They may request additional documentation and information from you or your attorney to support your claim. If the insurance company accepts liability for the accident, it does not mean they will pay for everything.  It simply means that for the current time, they are not arguing that their insured is at fault for the collision.  Once you have completed your medical care, the attorney will begin negotiations with the insurance carrier to attempt to reach a settlement. Your attorney will work to secure the maximum amount of compensation possible for your damages, including medical expenses, lost wages, pain and suffering, and other related costs.

If a settlement is not able to be reached, your attorney may recommend pursuing a lawsuit against the at-fault party. This involves filing a complaint in court and going through the litigation process to seek a judgment in your favor.

Don’t Wait to Find Legal Representation

Starting the legal process without legal representation is difficult without a background in legal practice. Recruit a legal team that handles personal injury claims in Texas to make sure that your rights are protected and that you have what you need to navigate the legal process. 

The office of Dale R. Rose, PLLC handles personal injury cases in Texas and is ready to help you with your case. Contact Dale R. Rose, PLLC at (972) 634-ROSE (7673) or fill out our contact form today to arrange a free consultation.