After a serious accident, hiring a lawyer is a critical first step. But what happens next? The legal system can seem like a confusing maze. Knowing the path forward can give you and your family peace of mind and help you understand how your case will progress.
This is a step-by-step guide to the typical personal injury claim process in Texas. While every case is unique, this roadmap will show you the key stages of the journey from the day of your crash to the day you receive your settlement check.
Phase 1: Building Your Case
This first phase is all about gathering the evidence needed to prove your claim. This happens before a lawsuit is ever filed.
Step 1: The Investigation
As soon as you hire our firm, our work begins. We will immediately start a deep investigation into your accident. This includes gathering crucial evidence like the police report, witness statements, photos of the scene, and sending a legal notice to the at-fault party to preserve any important evidence.
Step 2: Your Medical Treatment
During this time, your only job is to focus on your health. You must go to all of your doctor’s appointments and follow their treatment plan exactly. This is not only for your physical recovery but also to create a clear medical record that documents the extent of your injuries. We will track all of your medical bills and records as you go.
Step 3: The Demand Letter
Once you have finished your medical treatment (or have reached what doctors call “maximum medical improvement”), we can determine the full value of your case. We then prepare a professional Demand Letter package. This is a detailed document that we send to the at-fault party’s insurance company. It lays out our legal arguments, presents all of the evidence we have gathered, includes all of your medical bills and records, and makes a formal demand for a specific amount of money to settle your claim.
The value of your claim includes more than just bills.
Phase 2: The Negotiation
Step 4: Negotiation with the Insurance Adjuster
After the insurance adjuster reviews our demand letter, they will almost always respond with a low initial offer. This is normal. We then begin a process of negotiation. We will go back and forth with the adjuster, presenting our arguments and evidence to convince them to increase their offer to a fair amount. Many cases are successfully settled at this stage.
A key part of negotiation is knowing what not to do.
Phase 3: The Lawsuit (If Necessary)
If the insurance company refuses to offer a fair settlement, it’s time to take the next step. A lawsuit does not mean your case will go to trial; it is simply the next tool we use to force the insurance company to take your claim seriously.
Step 5: Filing a Lawsuit
We prepare and file a “Petition” with the court. This is the official start of a lawsuit. The at-fault party (the “defendant”) will then hire a lawyer (paid for by their insurance company) to file an “Answer.”
Step 6: The “Discovery” Phase
Discovery is the formal process where both sides exchange information. It can take several months. During this phase, we might:
- Send written questions (“Interrogatories”) to the other side.
- Request copies of documents (“Requests for Production”).
- Take depositions, which are question-and-answer sessions under oath with the parties and key witnesses.
Step 7: Mediation
Before a case can go to trial in Texas, the judge almost always requires the parties to try to settle the case through mediation. This is a meeting where you, your lawyer, the lawyer for the other side, and a neutral third person (the mediator) all get together. The mediator’s job is to help both sides find a compromise and reach a settlement. The vast majority of lawsuits are settled successfully at mediation.
Step 8: Trial
If mediation fails, the final step is a trial. This is where we present all of our evidence and arguments to a judge and jury, who will then decide the outcome of the case. While most cases settle, we are experienced trial lawyers who are always prepared for this final step.
Our firm is built on decades of courtroom experience.
Learn about the formal court process in Texas.
Phase 4: The Conclusion
Step 9: Settlement and Getting Paid
Once a settlement is reached (whether in negotiation or mediation), you will sign a release form. The insurance company then sends the settlement check to our firm. We deposit the check into a trust account, pay back any medical bills or case expenses, deduct our agreed-upon attorney’s fee, and then you receive the rest of the money.
We are transparent about how our fees work.
Common Questions About the Claim Timeline
Get clear answers about your specific situation.
Let Us Be Your Guide
The personal injury claim process is a marathon, not a sprint. Having an experienced law firm as your guide can give you the peace of mind to focus on your recovery. If you have been injured, contact us today for a free consultation. We can explain where you are in the process and how we can help you get to the finish line.
