Accidents can happen to people in cars, people riding motorcycles and bicycles, pedestrians crossing a street, and people who slip and fall while shopping. You may be facing a lengthy recovery if your injuries are serious and have a stack of medical bills and a loss of income due to absence from work.
If you believe someone else’s mistake or misconduct caused your injuries, you might have a right to seek compensation to cover your hospital and doctor bills, lost wages, and more. The first step is determining who is financially liable and submitting a claim with the appropriate insurance company. If the insurer disputes your claim or refuses to offer a fair settlement, you may need to file a personal injury lawsuit to demand justice. You should have a knowledgeable personal injury lawyer review your accident and help you understand your legal options.
The personal injury lawyers of Kraft & Associates, P.C. in Dallas, TX, have helped accident victims throughout our community pursue justice and just compensation for more than 45 years. We are experienced, friendly, and easy to reach. We can help you understand what to expect at every step while pursuing a personal injury lawsuit. Contact us or call us at (214) 999-9999 anytime to learn more.
About Your Injury
The nature and extent of your injuries are key to a personal injury case. Evidence must be presented to prove that the physical, psychological, and financial harm you sustained resulted from an accident caused by someone else. You will need records to show the costs of treating your injuries and your reduction in income as a result of your injuries. To develop an accurate estimate of your medical expenses, you’ll need to be fully recovered and have an understanding of your future medical needs related to the injury.
A knowledgeable attorney also can help you determine the appropriate amount to seek for the pain and suffering you have endured. Compensation for pain and suffering is more challenging to quantify. You’ll be more likely to have a successful outcome if you hire an experienced lawyer to handle your lawsuit.
How to Find the Right Personal Injury Lawyer
You can find a personal injury lawyer by asking for recommendations from friends, family members, and colleagues and by exploring local lawyer referral services. Look for personal injury lawyers with successful trial experience involving accidents similar to yours. For example, if you suffered injuries in a collision caused by another motorist in Dallas, you should seek a personal injury attorney who has handled numerous motor vehicle accident cases and taken cases to court.
Once you have identified several prospective attorneys, you should check out their testimonials from previous clients, read Google reviews, and check a firm’s Better Business Bureau (BBB) rating. Here is a link to our firm’s 4.9-star Google reviews from almost 400 clients. Our firm is proud to have an A+ rating.
Once you’ve selected a lawyer, the lawyer will gather evidence and prepare a demand letter to submit to the at-fault party’s insurance company. The letter explains why they are financially responsible for the accident and states how much money you should receive as compensation for your injuries and losses. It provides a deadline to pay the requested amount of money and states that if the money is not received, you will file a lawsuit.
Your lawyer will handle any negotiations that follow the demand letter. If negotiations are unsuccessful, filing a lawsuit will be the next step.
How to File a Personal Injury Lawsuit in Texas
There are specific steps to follow when you file a lawsuit in Texas. You will be known as the plaintiff. Your attorney will determine which of the Texas courts will have jurisdiction over your personal injury case. Your lawsuit will be filed in that court.
The complaint begins the lawsuit. A Texas civil court generally gives the party named as the defendant 21 days to respond. The defendant may choose not to respond, file a motion to dismiss the lawsuit or file a motion for more information. The defendant might also file a counter-lawsuit or decide to attempt negotiations to settle out of court.
Discovery Process
At the discovery stage of a lawsuit stage, both sides share information, ask questions, and have an opportunity to review the evidence in the case. There are four kinds of discovery: interrogatories, requests for admission, requests for production, and depositions. This stage of litigation is time-consuming. Both sides must wait for answers to interrogatories, review documents submitted in response to requests for production, and schedule and then depose doctors, other medical professionals, and witnesses. Depositions can take months.
Settlement or Trial
If no settlement is reached, the case goes to trial. Your attorney will prepare you if will be called to testify in the case. As the plaintiff, you have the burden of proving your case. The opposing side has an opportunity to rebut the evidence you present. After each side presents closing arguments, the court will decide whether you have proven your case based on a preponderance of the evidence. If the court finds in your favor, the court may award compensation.
Judgment and Appeal
If you lost the trial, you might have the option to appeal the decision if the court made an error in administering the case. You can’t appeal just because you don’t like the outcome. There must be an error in procedure or admission of evidence or some other legal reason to appeal. If the court agrees to hear an appeal, they will review the records from your trial and either affirm the verdict, vacate the decision, or send the case back to the original trial court for further action.
Schedule a Free Case Review with Our Experienced Dallas Personal Injury Attorneys
If you are considering filing a personal injury lawsuit, you need to work with an experienced personal injury lawyer whose judgment and experience you trust. An attorney can help you weigh the risks, benefits, time, and cost of pursuing litigation. Knowing what will be involved and what to expect is essential to your decision-making process. Our attorneys at Kraft & Association can apply our decades of experience to evaluate your case. During a free case review, we can discuss your legal options to help you make an informed decision about pursuing a personal injury lawsuit. You have nothing to lose by scheduling a free case review.
You need a personal injury lawyer with the skills and experience to handle your case. The Dallas personal injury attorneys at Kraft & Associates, P.C., and their staff are dedicated and skilled professionals. They are friendly, easy to talk to, and can work to get the compensation you need to get your life back on track after a serious injury. Call us at (214) 999-9999 for a free consultation.
