Before pursuing a personal injury lawsuit, it’s important to know the steps that are usually involved. Personal injury law in Austin, Texas can be complicated. Here are the broad steps that take place in personal injury cases.
The Injury Occurs
The first thing that has to happen for a personal injury claim is an injury. Whether you were injured in a car wreck, truck accident, or a slip-and-fall, an accident injury attorney in Austin can help. The statute of limitations for personal injury claims in Texas is two years from the date of the injury.
Hire an Austin Personal Injury Attorney
Once you have been injured and decide to pursue your case, contact a law office. An accident attorney in Austin will have a free consultation with you to talk over your situation and your options.
A Complaint is Filed
Once your attorney determines you have a legitimate case, they will file a complaint in the appropriate civil court. This will start a formal process and the defendant will notify their insurance company. If the defendant has not already hired an attorney, the insurance company may pay for one. Defense attorneys are usually paid-by-the-hour, so even if their client is likely to lose the case, they will not be deterred from taking it.
Pre-Trial and Discovery
In this phase, both lawyers will gather evidence, interview witnesses, and go over the information the other side has shared in discovery. Both sides will conduct depositions, which take place under oath. This process may also include appearances in court and can take several months or longer. The pre-trial phase may end with the defense asking for a summary judgment, which is a way to get the case thrown out, which rarely succeeds.
The Case Goes to Trial
Personal injury trials usually last several days. Your trial lawyer will present the evidence that the defendant is at fault for your injury. Their lawyer will present evidence to the contrary. The judge or jury will listen to the arguments and determine if the plaintiff is owed money, and how much.
Either party can attempt to appeal the outcome of the case if they wish. This can extend the lawsuit by months or years.
The Potential for Settlement
Though cases do go to trial, most personal injury lawsuits end in a settlement. The parties can agree to settle at any point. This includes before the case has even been filed and during the trial itself.
Schedule a Free Consultation Today!
If you have been injured in an accident, schedule a consultation with our Austin, TX attorneys today. Our legal team is prepared to talk your case over and determine if you have a case worth pursuing. Call to schedule today!
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.