Points to Note About Filing a Personal Injury Claim in Texas

If you have been hurt in an accident in Texas—whether it was a fender bender on the way home from work, a slip and fall at your neighborhood shop, or a dog bite during a backyard walk—you might be wondering: What’s the next step? You’re in the right place. Let’s walk through the steps to filing a personal injury claim in Texas. It’s not quite as complex as it might seem, but there are some twists and turns to be prepared for.

Step 1: Get Medical Attention First At All Times, No Exceptions

Before taking any action, consult a doctor and ensure that there is proper documentation of any diagnosis. Even if you feel fine at the time, do not trust your body, as it may just be adrenaline. Some injuries, like concussions or internal bleeding, may not show up right away until a while later.

“Besides taking care of yourself, getting medical attention also creates a paper trail that ties your injuries to the accident, evidence that always comes in handy,” says Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm.  Therefore, it is essential to visit a doctor after the accident and keep those records safe.

Step 2: Take Note of Important Details At the Scene

The location of the incident is a crucial piece of evidence that must be protected at all costs. To do this, take images and videos of the scene after the accident, covering as much of it as possible. Where it is safe for you to do so, you can complete this task yourself and avoid missing any details. However, if the accident prevents you from doing so, enlist the help of a trusted ally to document the evidence, and, where possible, speak with eyewitnesses.

Step 3: Report the Incident to the Appropriate Authorities

In Texas, if it is a car accident with injuries or significant property damage, you are legally required to report it to the police. For slip and falls, report the incident to the store or property owner before leaving the premises, if possible, in writing. Always keep a copy of official reports, as you never know when they may be needed.

Step 4: Do Not Go Chatty or Friendly with the Insurance Adjuster

After an accident, expect a call from the other party’s insurance company, as always. However, you should know that they are not calling to check on your well-being out of hospitality. Their goal is to limit what they pay by getting you to either admit to some fault or say something that can and will be used against you.

Step 5: Establish Contact with a Personal Injury Attorney

It is not the right approach to take on an insurance company or navigate any aspect of a personal injury claim without legal backup. A Texas personal injury attorney knows the local laws, court systems, and the value of your claim better than you may think. Most importantly, they can be a worthy bridge between you and insurance companies during negotiations or between you and the court at trial.

Step 6: Fight for a Fair Settlement or Go to Court to Get More

Most personal injury claims settle out of court, especially in Texas, where direct communication and swift justice are highly valued. But sometimes, the insurance company lowballs you or refuses to admit fault to avoid you getting any compensation. If your lawyer thinks it is worth it, you may take your case to trial to get a higher amount. That is where all your documentation, witness statements, and medical records will be stored.

Conclusion

Filing a personal injury claim in Texas is not only about paperwork and deadlines, but also about standing up for yourself when you have been wronged. Whether you were hit by a distracted driver or tripped over a busted sidewalk, you should speak to a personal injury lawyer to know your rights and recourse.