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What is the process for filing a personal injury lawsuit in Texas?

Picture of Chris Battis By   ·  1 minute read

The process for filing a personal injury lawsuit in Texas involves the following steps:

  1. Seek medical attention: The first step after an injury is to seek medical attention as soon as possible. It is important to document all the injuries and medical treatments for the purpose of filing a lawsuit.
  2. Hire an attorney: It is advisable to hire an experienced personal injury attorney who can guide and represent you throughout the legal process. The attorney can help in gathering evidence, communicating with insurance companies, and negotiating a settlement.
  3. Investigation: The attorney will conduct an investigation to gather evidence to support your case. This may involve interviewing witnesses, collecting medical records, and obtaining police reports.
  4. Filing the lawsuit: The next step would be to file a lawsuit in Texas court. The lawsuit must contain a statement of the facts and legal claims, and it must be served on the defendant.
  5. Discovery: After the lawsuit is filed, both parties will engage in discovery, which is the process of exchanging information and evidence related to the case. This may include depositions, written interrogatories, and requests for documents.
  6. Pre-trial: The majority of personal injury cases are settled before trial. During the pre-trial stage, the parties may engage in settlement negotiations, mediation, or other alternative dispute resolution methods.
  7. Trial: If a settlement cannot be reached, the case will proceed to trial. At trial, both parties will present their case and a judge or jury will make a decision.

It is important to note that there are certain limitations and exceptions to filing a personal injury lawsuit in Texas. These include the statute of limitations, which places a time limit on when a lawsuit may be filed, and the doctrine of comparative negligence, which reduces the damages recoverable if the plaintiff is also found to be at fault.

If you have been injured and are considering filing a personal injury lawsuit in Texas, it is important to seek the advice of a licensed attorney to ensure that your rights are protected and that you receive the compensation that you are entitled to under the law.