How to File a Personal Injury Lawsuit

If you suffered a serious personal injury due to the actions of a negligent party, you could have the right to a file civil lawsuit in San Antonio. Pursuing a civil claim against the at-fault party could end in financial recovery for the full amount of your losses. The civil justice system in Texas operates on the belief that if you did not cause the accident, you should not have to pay for the damages it caused.

Protect Yourself

Your priority after suffering a personal injury in San Antonio should be protecting yourself. It is up to you to safeguard yourself legally, physically and financially. Start by calling the police after a serious accident. Give the police your side of the story, so they have something other than the other party’s account of events. Gather evidence such as the names of eyewitnesses and photographs of the scene of the accident. Write down what you believe happened while the incident is still clear in your mind.

Next, seek medical care for any injuries. Follow your doctor’s treatment instructions exactly. Deviating from the treatment plan could worsen your personal injuries and lower your odds of securing compensation. An insurance company could use it against you as an argument for denying coverage. Finally, contact a personal injury lawyer in San Antonio. A lawyer will be on your side – not an insurance company’s – during your claim. Consulting with an attorney can lead to personalized counsel you can trust.

Meet Your Filing Deadline

The civil courts in Texas take claim-filing deadlines seriously. Adhere to your specific statute of limitations if you want the courts to hear your claim. Bring a personal injury lawsuit no later than two years from the date of your injuries or the date of a loved one’s death. If you wait longer than two years, you will most likely lose the right to file a lawsuit. The courts only grant limited exceptions – even if you were not aware of the statute of limitations.

File With the Correct Courtroom in San Antonio

If the estimated value of your personal injury claim is less than $10,000, file your claim with the Bexar County Small Claims Court. Fill out the small claims form completely, in as much detail as possible, and pay the filing fee (usually $200). The courts will arrangement someone to serve the defendant with your action, which should begin the settlement negotiations. You may need to hire a lawyer for assistance if your injuries are worth more than $10,000 or if the defendant refuses to settle your case for a reasonable amount.

Understand the State’s Fault Laws

Texas is a modified comparative negligence state. As a victim, contributing to the cause of your injuries will not bar you from financial recovery. If you were staring down at your phone while walking in San Antonio, for example, you could still be eligible for compensation if a driver struck you in a crosswalk. As long as the courtroom finds you 50% or less at fault, you could recover financial compensation for your losses. You will simply receive less compensation for your injuries based on your percentage of fault.

Maximize Your Personal Injury Verdict in Texas

Hiring a lawyer is important if you wish to maximize the outcome of your personal injury lawsuit – especially if you suffered serious injuries or suffered the wrongful death of a loved one. A San Antonio wrongful death lawyer can accurately assess your damages and assign a fair value to your claim. A lawyer can also take care of settlement negotiations for you, preventing an insurance company from undercutting your case’s worth.

Finally, an attorney could take the insurance company to trial to force it to pay a reasonable amount if settlement negotiations are unsuccessful. Most personal injury claims settle without having to go to court. If this does not happen in your case, however, a lawyer will have the skill and resources to take on a full court trial. Hiring an attorney is the best way to achieve positive results for a personal injury lawsuit.