How to File a Personal Injury Lawsuit in Texas

From Negotiations to Trial—We’re With You Every Step of the Way

When you've been injured due to someone else's negligence, you may feel overwhelmed by the legal process of seeking compensation. Filing a personal injury lawsuit in Texas can help you recover damages for medical bills, lost wages, and pain and suffering. While the process might seem complex, understanding each step can make it more manageable. This guide walks you through the steps of filing a personal injury lawsuit in Texas so you can take informed action.

If you're ready to take the next step or need help navigating the legal process, the team at the Cain Firm is here to guide you and fight for the compensation you deserve. Injured? Every case is unique. For information about your specific case, contact us for a free consultation.

Step 1: Consult with a personal injury attorney

The first and most important step in filing a personal injury lawsuit is consulting with an experienced attorney. A knowledgeable lawyer can evaluate your case, explain your rights, and help you understand the potential value of your claim. During this consultation, your attorney will review evidence such as medical records, police reports, and witness statements to determine if you have a strong case.

An attorney’s guidance is crucial in navigating Texas laws, including the statute of limitations. In Texas, you typically have two years from the date of the injury to file your lawsuit. Missing this deadline can result in losing your right to seek compensation.

Step 2: Investigate and gather evidence

Once you hire an attorney, they will begin investigating your case and gathering evidence to support your claim. This includes:

• Collecting medical records and bills to document your injuries and treatment
• Reviewing police or accident reports to establish liability
• Interviewing witnesses who can provide statements about the incident
• Working with experts, such as accident reconstructionists or medical professionals, to strengthen your case
• Thorough evidence collection is essential for building a compelling case and negotiating with the opposing party or presenting your argument in court

Step 3: File a complaint

To officially begin your lawsuit, your attorney will file a legal document called a "complaint" with the appropriate Texas court. The complaint outlines:

• The details of your injury and how it occurred
• The legal basis for holding the defendant liable
• The compensation you are seeking, such as medical expenses, lost income, and pain and suffering

Once the complaint is filed, the court will issue a summons, which is served to the defendant to inform them of the lawsuit. This step formally initiates the legal process and puts the defendant on notice.

Step 4: Engage in pre-trial discovery

The discovery phase allows both sides to exchange information and evidence relevant to the case. This process typically involves:

• Depositions: Formal interviews conducted under oath where attorneys question witnesses and involved parties.
• Interrogatories: Written questions that must be answered under oath.
• Document requests: Requests for relevant documents, such as medical records, insurance policies, and accident reports.

Discovery helps both sides understand the strengths and weaknesses of the case and can often lead to settlement discussions before trial.

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Step 5: Attempt to negotiate a settlement

Before going to trial, most personal injury cases go through a settlement negotiation phase. During this time, your attorney will work with the defendant’s legal team or insurance company to reach an agreement. Settling out of court can save time, money, and emotional stress.

Your attorney will advocate for fair compensation that reflects the full extent of your damages. If the other party offers a reasonable settlement, your case may end here. However, if negotiations fail, your attorney will prepare to take your case to trial.

Step 6: Go to trial

Your case will proceed to trial if a settlement cannot be reached. During the trial, both sides will present evidence, call witnesses, and make arguments to support their positions. A judge or jury will then decide the outcome of your case, including the amount of compensation you may receive.

Trials can be unpredictable, which is why having an experienced attorney by your side is critical. Your lawyer will present a strong case on your behalf and ensure your rights are protected throughout the process.

Get help from the law firm that stays by your side every step of the way

Filing a personal injury lawsuit in Texas may seem intimidating, but you don’t have to figure things out alone. From the initial consultation to trial representation, an experienced personal injury attorney can guide you every step of the way, ensuring you’re fully prepared and protected.

If you’ve been injured due to someone else’s negligence, don’t wait. Contact the Cain Firm today to schedule a free consultation. Let us handle the tough stuff so you can focus on your recovery and secure the compensation you deserve.