After a serious injury accident, you need advice on how to file a personal injury case in Texas. You’re probably dealing with medical appointments, bills, missed work, and other consequences of the accident. You also need someone on your side to help you pursue your personal injury claim, which can provide compensation for your losses. Getting started with a personal injury case is the hard part. Once you have a trustworthy lawyer, they will run your case and allow you to live your life.
Before You File the Case, Get a Lawyer
We strongly urge you to hire a personal injury lawyer before you try to file an injury lawsuit in Texas. Your lawyer can advise you on the strengths and weaknesses of your case, identify the proper defendants, and file in the proper court. Without a lawyer who knows the ins and outs of the personal injury system, you might make a crucial misstep that could harm your case. Someone without personal injury experience could easily fail to claim an important type of damages in the legal filing, cite the wrong laws, sue the wrong defendant, or file in the wrong court. A lawyer can ensure that your filings meet legal requirements.
Moreover, typically you’ll pay nothing up front for legal representation. Most personal injury lawyers work on contingency, meaning you only pay the legal fees if you win the case. Allen & Nunnally also offers a free consultation to learn about your rights before you sign with our firm.
Filing a Personal Injury Case in Texas
If your lawyer determines that seeking a pre-litigation settlement is not appropriate for your case, they will prepare the legal documents needed to file a lawsuit in the appropriate court. You may need to provide supporting information and documents or answer questions about what happened to you. Because your lawyer will include this information in court filings, it’s very important to be open and honest about the accident and any surrounding circumstances.
Once your lawyer files the lawsuit, the court will process it. Your lawyer will serve the defendant with a copy of the lawsuit. Then, the defendant will have to file a response. A defendant may immediately request that the court dismiss the lawsuit or allow it to proceed to discovery. Discovery involves exchanging information, documents, and questions about what happened. Your lawyer will guide you through this process.
As the case moves on, both sides may need to file motions requesting that the judge decide certain legal issues. There may be settlement discussions or a referral to a mediator. The case may go to trial. Personal injury lawsuits involve many different steps and possible outcomes. It’s important to find a legal representative who will fight your case from the start, as if it’s going to trial, and keep you informed every step of the way.
Frequently Asked Questions
How long do I have to file a personal injury case in Texas?
Great question. Texas law allows you two years from the injury date to file a lawsuit. In very specific cases, such as injury to a minor child or wrongful death, the time to file may be longer. It’s important to consult a lawyer when there’s still plenty of time to file, to protect your rights.
I’m unhappy with my current personal injury lawyer. Can I change representation?
Yes, you can change lawyers, or your lawyer can refer your case to a more experienced lawyer. We often receive referrals from a wide range of lawyers. Sometimes, lawyers practice mainly in a different area of law or need our knowledge of specific types of personal injury cases, such as oilfield injury accidents. Contact Allen & Nunnally’s office to learn more.
I’m not represented by a lawyer, and my case isn’t going well. Can you step in?
It’s best to have legal representation from the start of your case, but if you have already filed, a personal injury lawyer can take over. Depending on your case status and what you filed, your new lawyer may need to take additional steps to secure your rights. We recommend providing your new lawyer with all documents and information you used when you started the case, as well as any communications you’ve had with the defendant or an insurance company involving your injury.
We’re First to Fight for Texas Injury Accident Victims
Were you seriously hurt in a Texas accident caused by someone else? You could have a personal injury claim and need legal representation. At Allen & Nunnally, we work tirelessly to achieve the best possible outcomes for our clients’ cases. Injured Texans trust us to fight for the compensation they deserve because we have a steadfast commitment to client service that you can depend on. To schedule a consultation with one of our Houston-based attorneys, call (713) 955-2217, use our convenient Contact Form, or email us at info@allen-nunnally.com.