Scott Krist 
Most people have never been involved in a personal injury lawsuit and are unfamiliar with the process of pursuing a claim in court. Although most cases are settled before trial, it is useful to understand the steps involved in a personal injury lawsuit. Below is a general overview of the personal injury lawsuit process.
5 Step Injury Lawsuit Process
1. Investigation
Once you’ve hired a personal injury attorney, your lawyer will need to conduct an investigation to determine the cause of your accident and who is responsible. In a personal injury lawsuit, you must be able to prove that you were injured in an accident, another party’s negligence caused the accident, and that the accident resulted in your injuries.
During an investigation, your attorney will collect evidence that is necessary to prove liability and support your claim for compensation. This may include reviewing your medical records, interviewing witnesses, taking photos or videos of the scene of the accident, obtaining police reports, and consulting with experts.
2. Filing a Claim
Insurance issues can be complex. If a settlement cannot be reached with the insurance company or responsible party, your lawyer can file a personal injury lawsuit on your behalf. Preparing and filing a personal injury claim (known as a petition or complaint) is a complicated task that requires an understanding of the laws that apply to your case, where claims must be filed, the timelines for filing, and knowledge of civil procedure rules. Once the defendant(s) has been provided legal notice of the lawsuit, the parties involved will submit various pleadings, motions, and responses throughout the pre-trial phase.
3. Discovery Process
After a personal injury claim lawsuit is filed in court, the discovery process begins. Discovery is governed by rules of civil procedure and is the process by which opposing parties exchange information about evidence that each side will be using in the case. Discovery tools can include any of the following:
- Oral or Written Depositions
- Interrogatories
- Requests for admission or disclosure
- Requests for production
- Request for mental or physical exams
4. Settlement Negotiations
Settlement negotiations will typically commence following the discovery process, but a settlement agreement can be reached at any point during a lawsuit. In fact, the overwhelming majority of personal injury lawsuits are resolved through a settlement agreement and do not proceed to trial.
The court can also order parties to enter into mediation or arbitration, whereby a neutral third party helps opposing sides reach a mutually satisfactory resolution to a dispute. You should always consult with your personal injury lawyer before accepting a settlement offer.
5. Trial
If the parties cannot come to an agreement regarding settlement, the case will proceed to trial. At trial, each side will present evidence and either a judge or jury will decide the outcome of the case. If you’re able to successfully prove your personal injury case, you may be able to recover compensation for past and future:
- Medical costs
- Loss of earning capacity
- Physical limitations
- Disfigurement
- Mental anguish
- Physical pain
How The Krist Law Firm P.C. Can Help You With The Personal Injury Lawsuit Process
At The Krist Law Firm P.C., our talented team of lawyers has over 27 years of experience handling a wide range of personal injury cases, so they understand what it takes to build a strong case. We will work tirelessly to obtain the maximum compensation possible for your injuries. Throughout Texas, we have earned a reputation for sophisticated, professional, and aggressive representation of all types of personal injury cases. Let us put our extensive skills to work for you.
To find out more about how we can help, contact us. If you decide to hire us, there are no up-front attorney fees to investigate your accident, file a lawsuit on your behalf, or take your case to trial. To talk to a Houston personal injury lawyer or car accident attorney in Houston today, call us at 281-283-8500
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