Accident Lawsuits

Accidents lawsuits become necessary when you are unable to negotiate a fair settlement with an insurance company. Sometimes insurance companies claim that the individual’s injuries were pre-existing and did not result from the accident. Or they argue that the injuries are not serious. Another tactic is to lowball their settlement offer.

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Accident Lawsuits &
Personal Injury Claim Process

Receiving Compensation to Offset Serious Injuries

When a car wreck causes serious injury and the other driver is at fault, it is likely you will go through the personal injury claim process. This is true even when claims settle outside of court. Insurance companies rarely offer fair settlements during early negotiations. It is vital to have an experienced personal injury attorney who knows what to expect and can protect your rights.

Accidents are stressful in many ways. They can take their toll emotionally, physically and financially. The legal system exists to ensure justice for those who suffer injury due to someone else’s negligence. One aspect of justice is receiving fair compensation to deal with the costs of medical treatment, lost wages, and pain and suffering.

The following steps are part of the personal injury claim process.

Steps of the Process

1. Evaluating and Building Your Case

The first step in the injury claim process is to speak with an experienced accident lawyer. Most personal injury attorneys offer free case evaluations. The purpose of the evaluation is to discuss the accident details and determine whether you have a potential claim. The attorney will ask you lots of questions. Be prepared to describe the details of what happened in the accident. Your answers help determine who was at fault and the prospects of pursuing a case.

Once the lawyer decides you have a potential claim, efforts begin to build your case. The focus shifts to the following:

Gathering evidence
Investigating the accident
Involving experts to establish fault and estimate damages
Documenting injuries
Calculating total damage expenses

By waiting until you reach maximum medical improvement, your attorney can gauge the extent of medical expenses. If future medical treatment is necessary, you want to be sure the settlement covers the cost.

2. Settlement Negotiations

Attorneys must convince insurance companies that the other driver was at fault for causing the accident, that the accident resulted in injuries, and that the total amount for calculated damages is accurate. Both sides negotiate, attempting to settle the claim outside of court. However, if the insurance company is unwilling to settle for a fair amount, your lawyer will take your case to trial.

3. Filing a Lawsuit

The first step in the trial process is filing a lawsuit. Your attorney prepares a written complaint to present to the court and serves the papers to the other party. The court will evaluate whether the lawsuit has merit to proceed. The defense might try to have the lawsuit dismissed. Once the filing step is complete, in most cases, parties move on to the next step, which is discovery.

4. Discovery

Discovery is a legal process that requires parties to share evidence, documents and information with each other. Each side of a case has the right to know all the information and evidence being presented. Attorneys from both sides request documents and present interrogatories. Interrogatories are lists of questions to gather information.

5. Depositions

Depositions are also a legal tool used for gathering information. However, depositions require formal testimonies that are provided under oath. Either side may question witnesses, police officers and experts during a deposition. If you have to participate in a deposition, your lawyer will prepare you for the types of questions opposing counsel may ask. Typically, short answers with accurate information are best, so you should answer as briefly as possible and not provide extra information.

6. Mediation

Many Texas courts require mediation as an alternative to proceeding with trial. Mediation is an approach that attempts to have parties settle out of court. Mediators are neutral third parties who encourage claimants to find common ground and compromise on settlement terms. However, if both sides cannot agree on a settlement, the case goes to trial.

7. Trial

The trial can be in front of a jury of peers or in front of a judge (called a bench trial). During both types of trials, attorneys present evidence and argue their cases. They can call witnesses and experts to give testimonies. Counsels can cross-examine each other’s witnesses. At the trial’s conclusion, both sides present their closing arguments. If the trial is by jury, the judge gives the jury instructions, which would include explaining the standards for negligence and how the standard would apply to the case. At the end of the trial the jury would meet and deliberate to reach a verdict. If a judge is deciding the case, the judge will review the evidence and reach a verdict.

At any point during a trial, both sides can meet and negotiate an out-of-court settlement.

Types of Injury Cases We Handle

Personal Injury

Personal injury happens when someone fails to be responsible, and their negligence or reckless actions lead to harm.

18 Wheeler Accidents

18-wheeler truck accidents involving semi-truck tractors and trailers often result in life-threatening injuries or the death of a loved one.

Car Wrecks

Every year close to 500,000 car wrecks take place in Texas, which occur at the rate of one crash every one hour and 57 seconds. (TXDOT 2021 statistics)

Rural Road Accidents

Did you know that the majority of accidents in Texas and throughout the United States take place on rural roads and highways?

Hwy 80, 30 & 20 Accidents

Car wrecks are common in Texas where Farm-to-Market (FM) roadways intersect with other highways, such as HWY 20, 30 and 80.

Wrongful Death Lawsuit

In a wrongful death lawsuit, family members sue another person or persons who knowingly or negligently caused the death of their loved one.

Rely on Our Legal Experience

Through every step of the injury claim process, we are at your side to answer questions and address your needs. Richard Stucky has extensive experience as a personal injury trial lawyer. If you choose our firm to represent you, your case is in good hands.

You can reach us by filling out our online form or calling our office at (214) 453-1190.

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205 E. US Hwy 80, Ste. 105
Forney, Texas 75126

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Accident Lawsuits